§2.02 Conflicting Presumptions

Other presumptions may conflict with the presumption from the form of title. For example, there is a presumption that when an interspousal transfer favors one spouse, it was induced by undue influence. [Marriage of Haines (1995) 33 CA4th 277, 293; Marriage of Bonds (2000) 24 C4th 1, 27-28.] The presumption of undue influence prevails over the presumption from record title in EC §662 because (1) there is a policy of protecting spouses and (2) the presumption of undue influence is more specific. [Marriage of Delaney (2003) 111 CA4th 991, 995-998; Marriage of Haines, supra, 33 CA4th at 302; FC §721(b); see §§7.07–7.08.]

The presumption of undue influence, however, cannot be applied to marital settlement agreements reached through mediation because public policy supports the practice of mediating such agreements and the mediation procedure contains safeguards to promote the voluntariness of its agreements. [Marriage of Kieturakis (2006) 138 CA4th 56, 84–87.]

An express declaration changing the character of property may also prevail over the more general EC §662 presumption. [Marriage of Barneson (1999) 69 CA4th 583, 593; see §7.02.]