CALIFORNIA FAMILY LAW
...Community Property Issues
......Transmutation
.........Requirements for Transmutation
 9 Cards On This Topic:
  • Transmutation between spouses permitted, subject to restrictions in code.
  • No oral transmutations after 12/31/84.
  • Waiver of a right to a joint and survivor annuity or survivor's benefits is not a transmutation.
  • Transmutation requires express written declaration of intent. IRA beneficiary consent form insufficient.
  • Escrow instructions to divide proceeds 50/50 do not constitute an express declaration under Fam. Code §852 sufficient to transmute proceeds to s/p.
  • Transfer of stock from H to W did not contain express declaration required to transmute such stock to W's s/p.
  • Express declaration language of FC §852 creates presumption that transactions between spouses are not "transmutations," rebuttable by evidence transaction documented in writing with proper language.
  • No oral transmutations permitted after 12/31/84.
  • Requirements for transmutation.


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