11.26.18



By Denise Trevino





In California transmutations occur when the spouses sign a writing which changes the characterization of property from community property to separate property or separate property to community property. The courts will look to the writing itself to determine whether or not it is a valid transmutation. There are no specific words that are required sot substantiate a valid transmutation. however, there must be specific language to prove that the adversely affected party understood that through this signed document, he or she was changing the character of the property from community property to separate property or separate property to community property. The court will only look to the document itself to determine whether a transmutation occurred. Evidence of conversations or understandings is irrelevant to the determination of whether or not the character of the property has been changed


Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation and it is important to contact an attorney to analyze your situation.