top of page

DID YOU KNOW BY ATTORNEY F.M. ZAVALA

Nature of Transmutation

“Transmutation” is the term used to describe a conversion of the character of property from separate to community, from community to separate, or from the separate property of one spouse to the separate property of the other spouse, by means of transfer or written agreement of the spouses. CA Fam. Code section 850.


Subject to the limitations imposed by statute and case law, married persons and registered domestic partners may transmute the character of their property in any of the following ways:


1. From community to separate property of either spouse;

2. From separate property of either spouse to community property;

3. From separate property of one spouse to separate property of the other spouse.


With limited exceptions, a transmutation of real or personal property that takes place on or after January 1, 1985, is not valid unless it is made in writing by an express declaration.


A special exception to the writing requirement exists for certain interspousal gifts. It provides that the writing requirement does not apply to a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that are used solely or principally by the spouse to whom the gift is made and that are not substantial in value, taking into account the circumstances of the marriage.

0 views0 comments

Recent Posts

See All

SETTLEMENT AGREEMENTS IN FAMILY COURT MUST BE SIGNED BY THE PARTIES Under Family Code 664.6 if parties to pending dissolution or paternity case stipulate, in a writing signed by the parties outside of

DOMESTIC VIOLENCE RESTRAINING ORDERS Under F.C. section 6300. (a) A domestic violence restraining order may be issued if an affidavit or testimony shows, to the satisfaction of the court, reasonabl

VOIDABLE MARRIAGES FC § 2210 A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The party who commences the proceeding or

Post: Blog2_Post
bottom of page