Transmutation

Question 1

Def of Transmutation

Answer 1

Alter asset character by agreement

Note: will provisions inadmissible w/r/t nature of property in any proceeding before person’s death

Question 2

Pre-Marital Agreement (Transmutation)

Answer 2

signed writing, change anything except limiting child support

Exceptions: (i) fully performed (but marriage itself not sufficient perf.).; (ii) estoppel (detrimental reliance)

Question 3

Defenses to Enforcing Pre-Marital Agreement

Answer 3

1. NOT SIGNED VOLUNTARILY: statute requires: (i) counsel when signed (or waived in separate writing); (ii) 7 days to sign; and (iii) if no counsel, fully informed in writing of terms and effect of agreement.
2. UNCONSCIONABLE (CT DECIDES):
   (A) spousal support = no counsel when signed or unconscionable now;
   (B) other things: unconscionable at time of signing + (a) no full/fair disclosure of other’s financial info, (b) didn’t waive right to disclosure in writing and (c) no adq. knowledge of disclosure).

Question 4

Agreement During Marriage

Answer 4

Pre-1985: oral ok
now: signed writing explicitly states change occurring

Exception: gift of tang. personal prop. that is not sub. in value (jewelry)