CALIFORNIA FAMILY LAW
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Community Property Issues
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Transmutation
.........Transmutation Found
11 Cards On This Topic:
Transmutation between spouses permitted, subject to restrictions in code.
Grant deed transmuting H's separate interest in real property into joint tenancy with W2 satisfied "express declaration" requirement of Fam. Code §852 (a).
Real property held transmuted by H's words and actions in treating it as community property.
Oral transmutation of s/p down payment into c/p affirmed. (Pre-1/1/85.)
Quitclaim deed by H to W held to be waiver of all his future interest in property, including all c/p payments made on loan secured by said property.
Whether personal items such as jewelry and furs have been transmuted is a highly fact specific determination.
Character of property may be orally transmuted between parties. (Pre-1/1/85.)
Parties may orally transmute character of property. (Pre-1/1/85.)
No formal or express agreement required to transmute s/p to c/p if it can be inferred from conduct. (Pre-1/1/85.)
Cases finding valid transmutations.
Gifts of c/p.