In re Marriage of Kushesh & Kushesh-Kaviani

Farima Kushesh-Kaviani (Wife) and Wishtasb Kushesh (Husband) were married in January 2010. The marriage did not last. Their only child was born in April 2011, and the couple separated within two weeks of his birth. Husband filed for dissolution in late August 2011. During the marriage the couple lived in Husband’s separate property condominium in Laguna Niguel; however, the property at issue in this appeal was one called “unit 13k” three doors down from the Laguna Niguel condo. It was acquired about four months into the marriage. The issue this case presented for the Court of Appeals' review centered on whether an intefspousal transfer grant deed (ITGD) met the requirements for a transmutation of the character of marital property under Family Code section 852. The trial court determined the ITGD in this case did not contain the requisite language to effectuate a transmutation. The Court of Appeal disagreed, however: the standard ITGD expresses an intent to transfer a property interest from one spouse to another. The document at issue here met all of the necessary features of an intefspousal transfer. The Court therefore reversed the trial court, and remanded this matter for further proceedings as to whether the beneficially-interested spouse here dispelled any presumption of undue influence that might have arisen giving rise to this ITGD. View "In re Marriage of Kushesh & Kushesh-Kaviani" on Justia Law