In re Marriage of Weaver

In In re Marriage of Weaver (1990) 224 Cal. App. 3d 478, the wife owned the family residence prior to marriage and held title in her name. The husband claimed a community property interest in the house based upon an alleged oral transmutation occurring in 1960 in connection with the execution of a deed of trust to secure a loan on the home naming the trustors as husband and wife. ( Id. at pp. 481-482.) In awarding the husband a community property interest, the trial court applied the preponderance of the evidence standard. ( Id. at p. 482.) On appeal, the wife argued that the higher standard of proof of Evidence Code section 662 applied in marital dissolution actions. The Weaver court agreed, noting that "where one spouse has acquired legal title to a parcel of real property under circumstances which make such acquisition separate property, we see no reason not to apply . . . Evidence Code section 662." ( Id. at p. 486.)