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Family

Oct. 7, 2005

Message to Spouses: Get All Transmutations in Writing

Focus Column - By Mitchell A Jacobs and Edward E. Kim - Family Code Section 852(a) requires that a transmutation, which is a change in the character of separate or community property during marriage, must be made through an express declaration in writing. The strict demands of this requirement may seem unfair in cases where extrinsic evidence suggests that an adversely affected spouse did intend to effect a transmutation but no written evidence of such intent exists.

Mitchell A. Jacobs

Law Office of Mitchell A. Jacobs

family law (certified)

21860 Burbank Blvd #175
Woodland Hills , CA 91367-7438

Phone: (310) 717-1447

Email: mjacobs@jacobsfamilylaw.com

California Western Law School

Mitchell A. Jacobs is a certified family law specialist who limits his practice to serving as a private judge and mediating marital dissolution and other family law matters.

Edward E. Kim

        
        
Focus Column

By Mitchell A Jacobs
and Edward E. Kim
        
        Family Code Section 852(a) requires that a transmut...

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