Transmutation of Property During Marriage

Question 1

Transmutation by agreement between spouses

Answer 1

Married persons may by agreement or transfer, with or without consideration, transmute property from CP to SP or from SP to CP or from SP of one spouse to the SP of the other. Such a transmutation cannot be fraudulent.

Question 2

Writing requirement with express declaration of transmutation.

Answer 2

852(a). A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected

Question 3

Personal gift exception

Answer 3

There is an exception to 852(a) for a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage. (Marriage of Steinburger)

Question 4

Transmutation

Answer 4

This term generally describes an agreement between the spouses to the status of an asset from either separate to community or community to separate without consideration. CFC §§ 851 to 853