Lesson 3

Question 1

Transmutation Doctrine

Answer 1

Either before or during marriage, either spouse may, by written agreement, change the status of any or all of their personal or real property, presently owned or thereafter acquired.

Question 2

Gifts to Spouses:

Answer 2

Gifts by one spouse of community or separate property to the other spouse must be in writing to become separate property, unless it is clothing, jewelry, or other tangible articles of a personal nature that is not substantial in value per the circumstances of the marriage.

Question 3

Premarital Agreements

Answer 3

To be valid, premarital agreements must be in writing and entered into voluntarily. The agreement will be deemed to be involuntary if a party is not represented by counsel unless that party was:

(a) advised to get separate counsel and expressly waived that right in a separate document,
(b) after being advised to get counsel had seven days to examine the agreement, and
(c) if unrepresented, was fully informed of the effects of the agreement and the rights being relinquished.