In Re Marriage of Lund

As part of their dissolution of marriage proceedings, appellant Kathryn A. Lund and respondent Earl E. Lund, Jr., contested whether Earl transmuted his separate real properties into community property by way of a written agreement executed in 2002. The court below, conducting a bifurcated trial of this issue pursuant to California Rules of Court, rule 5.175, determined Earl had not transmuted his separate property and, even if he had, Kathryn did not meet her burden of establishing she had not unduly influenced Earl in the execution of the agreement at issue. We granted Kathryn’s motion to appeal the court’s interlocutory order (Cal. Rules of Court, rule 5.180(d)) and now reverse. Earl made “an express declaration” in writing of his unambiguous intention to transmute all of his separate property as of the date he executed the 2002 agreement. (Fam. Code, § 852, subd. (a).) The court erred in finding the agreement to be ambiguous and in finding Earl was unduly influenced. A valid transmutation of Earl’s separate property occurred.

FACTS

Kathryn and Earl married in August 1990. Kathryn had one daughter from a previous marriage, Earl had a son and daughter from a previous…