Interspousal Advantage Presumption

The Interspousal Advantage Presumption suggests that if one spouse benefits unfairly from a transaction with the other, there is a presumption that undue influence was involved. The spouse who received the advantage must then show that the transaction was made voluntarily and with full understanding of its implications.

Hannah and Jake are married, and Hannah convinces Jake to transfer his half of their jointly owned home to her for a nominal fee. When Jake later contests the transfer, claiming he was pressured, the court presumes undue influence, and Hannah must prove that Jake made the transfer willingly and with full knowledge of what he was doing.

Unequal gains in marriage trigger a presumption of pressure!

Exams may present scenarios where the transaction appears fair at first glance, but students must recognize the underlying dynamics that could suggest undue influence.

Questions often involve fact patterns where one spouse benefits significantly from a transaction, requiring candidates to identify the presumption of undue influence and the burden it places on the advantaged spouse.