Delaney

Linda Sue Delaney (Wife) appeals from a final judgment of dissolution. She contends the trial court erred in determining that she used undue influence in an interspousal transaction to secure a joint tenancy in the separate property interest of respondent Steven J. Delaney (Husband) in residential real property (the Property). Wife asks that the matter be remanded and that Husband be required to prove his claim to the Property by clear and convincing evidence. We conclude the trial court properly applied the presumption of undue influence that arises from the statutory fiduciary relationship between spouses, and therefore affirm the judgment.

Factual and Procedural Background

The Property at issue in this case is located at 77 Mountain View Avenue in San Anselmo. It was purchased by Husband in or around 1982, using money originally loaned to him by his grandfather. Husband and Wife first met in or around July 1989. They began living together in Husband’s home on the Property in ffie spring or summer of 1990. At the time, Husband owned the Property free and clear of any encumbrances except a deed of trust *994 in favor of his grandfather. When Husband’s grandfather died…