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

Legally sufficient durable power of attorney A statutory form power of attorney legally sufficient is durable to the extent that the power of attorney contains language, such as “This power of attorn

A spouse may unilaterally encumber their community interest in real property to pay reasonable attorney’s fees in order to retain or maintain counsel in a proceeding for marital dissolution, legal sep

Court’s authority to liquidate assets At any time during the proceeding, the court has the authority, on application of a party and for good cause, to order the liquidation of community or quasi-commu