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California Court of Appeal


IN RE MARRIAGE OF DELANEY, A098403

The determination that wife used undue influence in an interspousal transaction to secure a joint tenancy in the separate property interest of husband in residential real property, is affirmed where the trial court properly applied the presumption of undue influence that arises from the statutory fiduciary relationship between spouses.

Appellate Information

  • Decided 09/02/2003
  • Published 09/02/2003

Judges

  • McGUINESS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Stephen Kent Rose, Sausalito, for Appellant.

  • For Appellees:
  • James I. Cohen, Corte Madera, for Respondent.
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