What is the test for establishing an unfair advantage of one spouse under section 721 of the California Marriage Act?

California, United States of America


The following excerpt is from Levin v. Winston-Levin, 252 Cal.Rptr.3d 518, 39 Cal.App.5th 1025 (Cal. App. 2019):

any unfair advantage of the other. [Citation.] Thus, "[i]f one spouse secures an advantage from the transaction, a statutory presumption arises under section 721 that the advantaged spouse exercised undue influence and the transaction will be set aside." [Citation.] An advantage results to one spouse when that spouse gains or when the other spouse is hurt by the transaction." ( Lintz v. Lintz (2014) 222 Cal.App.4th 1346, 1353, 167 Cal.Rptr.3d 50.) "The presumption is rebuttable; the spouse advantaged by the transaction must establish that the disadvantaged spouse acted freely and

[39 Cal.App.5th 1041]

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