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    Motion For Set-Aside of Interspousal Quitclaim Deed in California

    Uploaded by

    Stan Burman
    This sample memorandum of points and authorities is in support of a motion or order to show cause to set-aside an interspousal quitclaim deed based on the presumption of undue influence under California Family Code Section 721(b). The sample has been revised and updated as of January 30, 2016 and could be modified for use in other situations such as requesting a set-aside of transfers of personal property as well and it also includes brief instructions as well as a memorandum of points and authorities with citations to case law and statutory authority. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd

    Motion For Set-Aside of Interspousal Quitclaim Deed in California

    Uploaded by

    Stan Burman
    6K views3 pages
    This sample memorandum of points and authorities is in support of a motion or order to show cause to set-aside an interspousal quitclaim deed based on the presumption of undue influence under California Family Code Section 721(b). The sample has been revised and updated as of January 30, 2016 and could be modified for use in other situations such as requesting a set-aside of transfers of personal property as well and it also includes brief instructions as well as a memorandum of points and authorities with citations to case law and statutory authority. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Motion for Set-Aside of Interspousal Quitclaim Deed in California

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    This sample memorandum of points and authorities is in support of a motion or order to show cause to set-aside an interspousal quitclaim deed based on the presumption of undue influence under California Family Code Section 721(b). The sample has been revised and updated as of January 30, 2016 and could be modified for use in other situations such as requesting a set-aside of transfers of personal property as well and it also includes brief instructions as well as a memorandum of points and authorities with citations to case law and statutory authority. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    6K views3 pages

    Motion For Set-Aside of Interspousal Quitclaim Deed in California

    Uploaded by

    Stan Burman
    This sample memorandum of points and authorities is in support of a motion or order to show cause to set-aside an interspousal quitclaim deed based on the presumption of undue influence under California Family Code Section 721(b). The sample has been revised and updated as of January 30, 2016 and could be modified for use in other situations such as requesting a set-aside of transfers of personal property as well and it also includes brief instructions as well as a memorandum of points and authorities with citations to case law and statutory authority. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Any Attorney or Party

    8
    Superior Court of the State of California
    9 County of ___________

    10

    11 In re the marriage of: ) Case No.


    )
    12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
    ) IN SUPPORT OF MOTION TO SET-ASIDE
    13 and ) INTERSPOUSAL QUITCLAIM DEED BASED ON
    ) UNDUE INFLUENCE PURSUANT TO FAMILY
    14 Respondent:____________________________ ) CODE 721(b)
    )
    )
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    )
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    )
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    )
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    To subscribe to my FREE California weekly legal newsletter visit
    19

    20 http://legaldocspro.net/newsletter.htm and enter your e-mail


    21

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    address. Be sure to remove this notice and all other notices before
    23
    using this document. Be sure to remove this notice and all other notices
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    25 before using this document.


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    MEMORANDUM OF POINTS AND AUTHORITIES-MOTION TO SET-ASIDE QUITCLAIM DEED
    1 MEMORANDUM OF POINTS AND AUTHORITIES
    2 I.
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    STATEMENT OF FACTS
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    Petitioner and respondent were married on DATE OF MARRIAGE, and separated on DATE
    5

    6
    OF SEPARATION.

    7 On or about DATE QUITCLAIM DEED WAS SIGNED, NAME OF PARTY SIGNING

    8 QUITCLAIM DEED signed an interspousal quitclaim deed transferring ownership of real property
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    located at ADDRESS OF REAL PROPERTY, (Property) into the names of both Petitioner and
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    Respondent as joint tenants.
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    At the time that NAME OF PARTY SIGNING QUITCLAIM DEED signed the
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    13 interspousal quitclaim deed title to the Property was in their name alone, and was thus considered

    14 their sole and separate property. The Property has a current appraised market value of $CURRENT
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    VALUE OF PROPERTY.
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    NAME OF PARTY FILING MOTION contends that the presumption of undue influence
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    under Family Code 721(b) applies in this case, and the Court should place the burden on NAME
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    19 OF OTHER SPOUSE to prove that they did not use

    20 undue influence in persuading NAME OF PARTY FILING MOTION to sign the interspousal
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    quitclaim deed, and if NAME OF OTHER SPOUSE does not meet their burden, the Court should
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    set aside the interspousal quitclaim deed.
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    24 You need to state the facts that pertain to your particular


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    situation. If title to personal property was signed over then change the
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    MEMORANDUM OF POINTS AND AUTHORITIES-MOTION TO SET-ASIDE QUITCLAIM DEED
    1 wording, etc. Do NOT just use the wording here unless it definitely
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    applies to the situation.
    4
    To purchase the entire document visit:
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    6 https://legaldocspro.myshopify.com/products/motion-for-set-aside-of-
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    interspousal-quitclaim-deed-in-california
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    MEMORANDUM OF POINTS AND AUTHORITIES-MOTION TO SET-ASIDE QUITCLAIM DEED

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