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Category Archives: Transmutation
A Deed is Usually a Sufficient Writing to Transfer Separate Property to Community Property.
Decisions made in a probate court help interpret the family law code which is primarily focused on divorce issues. The Estate of Everett L. Bibb, Jr, did not involve a divorce, but rather the process of taking a decedent’s estate … Continue reading
In California, a Writing is Required to Prove that One Party Transferred Property from Separate Property to Community Property During the Marriage.
In Benson v. Benson, the Supreme Court reviewed an appellate court’s affirmation of a judgment that transmuted community property to separate property without a writing based upon part peformance. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties had … Continue reading
Spousal Support Waivers can be Unenforceable if at the Time of Enforcement it is Unconscionable.
In Rosendale vs. Rosendale, a couple signed a pre-nuptial agreement before they were married which waived spousal support. The trial court in Orange County determined that the agreement was enforceable. FACTUAL BACKGROUND LEADING TO THE DIVORCE The parties were married … Continue reading
Deeds: When Property is Placed in One Spouse’s Name to Obtain a Better Interest Rate, it Should Always be Transferred Back to Community Property to Avoid Issues in a Divorce.
In the California dissolution of Starr, the wife in the family law case quitclaimed her community interest in real property to her spouse as his separate property. He promised in return that he would transfer the property back to community property … Continue reading
