Begian v. Sarajian (In re Begian)

242 Cal. Rptr. 3d 692, 31 Cal. App. 5th 506
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 20, 2018
DocketB278316
StatusPublished
Cited by5 cases

This text of 242 Cal. Rptr. 3d 692 (Begian v. Sarajian (In re Begian)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Begian v. Sarajian (In re Begian), 242 Cal. Rptr. 3d 692, 31 Cal. App. 5th 506 (Cal. Ct. App. 2018).

Opinion

EGERTON, J.

*508INTRODUCTION

*694Family Code section 852, subdivision (a)1 ( section 852(a) ) provides that a "transmutation," or an interspousal transaction changing the character of community or separate property, "is not valid unless made in writing by an *509express declaration " by the adversely affected spouse. (Italics added.) In Estate of MacDonald (1990) 51 Cal.3d 262, 272 Cal.Rptr. 153, 794 P.2d 911 ( MacDonald ), our Supreme Court held that a writing satisfies the "express declaration" requirement only if it states on its face that "the characterization or ownership of the property is being changed." ( Id. at p. 272, 272 Cal.Rptr. 153, 794 P.2d 911.) The MacDonald court also made clear that its construction of section 852(a) precludes the use of extrinsic evidence to prove an ambiguous writing effected a transmutation. ( Id. at p. 264, 272 Cal.Rptr. 153, 794 P.2d 911 ; In re Marriage of Benson (2005) 36 Cal.4th 1096, 1100, 32 Cal.Rptr.3d 471, 116 P.3d 1152 ( Benson ).)

In this case we must decide whether a "Trust Transfer Deed," signed by Richard Begian, granting certain real property to his wife, Ida Sarajian, met section 852(a) 's express declaration requirement.2 The trial court determined the document's use of the words "grant" and "gift" satisfied the requirement, because those terms have "an accepted historical meaning" in real property transactions, and thus gave Richard "clear notice" that he was changing the property's characterization and ownership. Notwithstanding the historical meaning of these terms, we conclude that without an express statement specifying what interest in the property was granted to Ida, the reference to a "Trust Transfer" leaves the document's purpose ambiguous, and thus renders the purported transmutation invalid under section 852(a). We reverse.

FACTS AND PROCEDURAL BACKGROUND

Richard and Ida married in August 1993 and lived together until their separation in September 2015. They have two children.

This appeal concerns a residential property located on Avonoak Terrace in Glendale, California (Avonoak). On April 29, 1996, Ida's mother, Rose, executed a "QUITCLAIM DEED" transferring a 48 percent undivided interest in Avonoak to Ida. Rose retained a 52 percent interest in the property.

On the same day, Richard executed a "QUITCLAIM DEED" transferring his ownership interest in Avonoak to Ida, as her sole and separate property. The deed stated: "IT IS THE EXPRESS INTENT OF THE GRANTOR, BEING THE SPOUSE OF THE GRANTEE, TO CONVEY ALL RIGHT, TITLE AND INTEREST OF THE GRANTOR COMMUNITY OR OTHERWISE, IN AND TO THE HEREIN DESCRIBED PROPERTY, TO THE GRANTEE AS HIS/HER SOLE AND SEPARATE PROPERTY."

On June 21, 2001, Rose and Ida executed an "INDIVIDUAL GRANT DEED" granting their respective 52 percent and 48 percent interests in *510Avonoak to "ROSE SARAJIAN, a Widow[,] and IDA SARAJIAN and RICHARD BEGIAN, Wife and Husband, All as Joint Tenants." Ida does not dispute that the deed effectively granted Richard a community property interest in Avonoak.

On May 1, 2006, Rose, Ida, and Richard executed a "Trust Transfer Deed." The *695deed stated: "FOR NO CONSIDERATION, GRANTORS ROSE SARAJIAN, a Widow, and IDA SARAJIAN and RICHARD BEGIAN, Wife and Husband, all as joint tenants, hereby GRANT to IDA SARAJIAN, the following real property [legal description of Avonoak]." The deed stated the conveyance was not subject to a documentary transfer tax because " 'this is a bonafide gift and the grantor received nothing in return, R & T 11911.' "3

On December 19, 2014, Ida created the "Ida Sarajian Separate Property Trust," naming herself as trustee and her children as beneficiaries. The same day, Ida executed another "Trust Transfer Deed" stating "FOR NO CONSIDERATION, GRANTOR Ida Sarajian, a married woman as her separate property, hereby GRANTS to Ida Sarajian, Trustee of The Ida Sarajian Separate Property Trust dated December 19, 2014, the following described real property [legal description of Avonoak]."

On October 9, 2015, Richard commenced the underlying dissolution action, and requested the court confirm Avonoak as community property. Ida asserted the residence was her separate property.

On June 29, 2016, the trial court bifurcated the question of Avonoak's characterization from the remaining issues in the case. Richard argued the 2006 Trust Transfer Deed lacked an unambiguous declaration of his intention, as the adversely affected spouse, to transmute his community property interest into Ida's separate property. He maintained the document "was prepared and signed in connection with estate planning," as demonstrated by the document's title, and the document made "absolutely no mention of the property rights being changed or the fact that [Richard's] interest [was] being adversely affected." Because "[n]othing on the face of the document explicitly state[d] that [he] was waiving away all of his community property ownership interest," Richard maintained the Trust Transfer Deed failed to meet section 852(a) 's express declaration requirement.

Ida argued the use of the word "grant" in the 2006 Trust Transfer Deed unambiguously demonstrated the parties' intention to change the characterization and ownership of Avonoak from a joint tenancy into Ida's separate *511property.

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Cite This Page — Counsel Stack

Bluebook (online)
242 Cal. Rptr. 3d 692, 31 Cal. App. 5th 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/begian-v-sarajian-in-re-begian-calctapp5d-2018.