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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.

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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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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
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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.
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To purchase the entire document visit:
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interspousal-quitclaim-deed-in-california
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MEMORANDUM OF POINTS AND AUTHORITIES-MOTION TO SET-ASIDE QUITCLAIM DEED