Transmutation of Marital Property in California

Chapter 5 of Part 2 of Division 4 of the California Family Code deals with transmutation of property when characterizing martial property.

Section 850 provides that married persons may by agreement or transfer, with or without consideration, transmute community property to separate property of either spouse; transmute separate property of either spouse to community property; or, transmute separate property of one spouse to separate property of the other spouse.

Section 851 states that a transmutation is subject to the laws governing fraudulent transfers.

Section 852 explains that 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. This section does not apply to a gift between spouses of tangible personal property.

Section 853 specifies that a statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will. A written joinder or written consent to a nonprobate transfer of community property on death is a transmutation and is governed by the law applicable to transmutations and not the Probate Code.