California, United States of America
The following excerpt is from Cooke v. Cooke (In re Cooke), B257791 (Cal. App. 2016):
As noted, the statutory presumption of Family Code section 721 applies to interspousal transactions where one spouse has obtained an unfair advantage over the other. (In re Marriage of Haines, supra, 33 Cal.App.4th at p. 301.) "Generally, a spouse obtains an unfair advantage if that spouse's position is improved, he or she obtains a favorable opportunity, or otherwise gains, benefits, or profits." (Mathews, supra, 133 Cal.App.4th at p. 629; see Lintz v. Lintz, supra, 222 Cal.App.4th at p. 1353 ["[a]n advantage results to one spouse when that spouse gains or when the other spouse is hurt by the transaction"].)
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