Kushesh
Kushesh v. Kushesh-Kaviani (In re Kushesh)
Opinion
lead Opinion
Bedsworth, J.
*451 I. INTRODUCTION
No published opinion to date has addressed whether an interspousal transfer grant deed (ITGD) meets the requirements for a transmutation of the character of marital property under Family Code section 852. 1 The trial court concluded that the ITGD in this case did not contain the requisite language to effectuate a transmutation.
We are forced to disagree. The standard ITGD expresses an intent to transfer a property interest from one spouse to another: The constituent components of *176 the word "interspousal"-literally between spouses-plus the words "transfer" and "grant," plus the usual statement about the grantee (or grantees) taking the property as either community or separate property, are all clear indicators the document constitutes an express declaration of an agreement to change the marital character of the property. This document includes all those features. We therefore reverse the trial court, and remand for further proceedings as to whether the beneficially-interested spouse in this case dispelled any presumption of undue influence (see § 721, subd. (b) ) that might have arisen from the circumstances giving rise to this ITGD.