PROBATE & ESTATE Estate of Wall JAKE WALKER
Most of us have relied on a spouse’s signed,
dy never publicly claimed an interest during
delivered, and recorded quitclaim deed to
his life. Cindy testified that when she signed
conclude that the real estate is separate
the QCD, Benny assured her the deed
property. That is not necessarily so under the
“meant nothing.” She claimed she had pro-
California Appellate Court’s recent decision
vided $3,500 funds to Benny “to contribute
in Estate of Wall (2021) 68 Cal.App.5th 168.
to a future down payment” before he bought
The surprising decision is important to estate attorneys, as well as family and real property
the home.
attorneys dealing with real estate titles involving married people. Background Facts: Benny and Cindy married in 2008. Benny had two children by a prior marriage. They agreed to keep their assets separate and did not commingle. Neither was employed during the marriage. In 2010, Benny bought a home with his separate property, taking title as “a married man as his sole and separate property.” Cindy signed a quitclaim deed (“QCD”) in favor of Benny and was not a coborrower on Benny’s loan. After Benny died intestate in 2016, Cindy claimed the house was communi-
The trial court ruled the home was community property, holding Family Code section 760 (property acquired during a marriage is community property presumption) prevails over Evidence Code section 662 (form of title controls presumption). On Appeal: The appellate court explored the conflicting presumptions. It held that the community property presumption did not prevail over the form of title presumption in a post-death case, rather the property’s record title controls. However, the appellate court found that Cindy’s self-serving and uncorroborated assertions invoke the presumption of Family
ty property and thus passed 100% to her. Benny’s children asserted the QCD and established that he used separate property income to make the down payment and all mortgage payments (pension and social security). CinTHE MARIN LAWYER An Official Publication of the Marin County Bar Association
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