Horsman v. Maden
California Court of Appeal
48 Cal. App. 2d 635 (1941)
During marital difficulties, Mr. Maden transferred jointly held stocks and the couple's home into Mrs. Maden's (defendant) name at her request to secure spousal support, though he told her not to record the deed (she did so anyway in 1937); after Mr. Maden's death, his will characterized this property as community property, while Mrs. Maden claimed it was her separate property. Horsman (plaintiff), representing Mr. Maden's estate, sued to establish the property remained part of the estate, but the trial court refused to admit evidence of Mr. Maden's statements surrounding the transfers and granted Mrs. Maden's motion for nonsuit; Horsman appealed.
Whether a donor's statements made before and after transferring property to a spouse are admissible as evidence of the donor's intent to convert community property into separate property.