Marriage of Ramirez-Mitchell and Mitchell CA1/1

I. BACKGROUND

Christina filed a petition for dissolution of her 11-year marriage to Muriel in October 2009. At the time of trial in 2011, Muriel was a 77-year-old retiree living on veterans‘ and Social Security payments. Christina was 60 years old and working part- time as a preschool teacher. The only issue raised on appeal is the proper characterization of a Berkeley residence (the property). When the couple married, Muriel owned the property free and clear. On May 20, 2003, he executed an interspousal transfer deed (the deed) that purported to ―GRANT[] and TRANSMUTE[]‖ the property to Christina as her ―sole and separate property.‖ In the deed, Muriel retained a ―lifetime personal right of occupancy‖ in the property pursuant to a separate ―Agreement Regarding Occupancy and Will‖ between the parties (the agreement). The agreement was executed contemporaneously with the deed. A recital in the agreement stated that Muriel was transferring the property to Christina ―because of deteriorating health, and, among other things,‖ to allow Christina ―to be able to manage [the property] in the event [Muriel] is no longer capable of participating in transactions involving [the property].‖…