Family
Feb. 11, 2004
'Benson' Opens a Door to Oral Agreements for Transmutation
Focus Column - Family Law - By Mitchell A. Jacobs and David L. Marcus - On Dec. 23, the Court of Appeal opened a door to the enforcement of oral transmutation agreements that previously appeared to be shut tight. In re Marriage of Benson, 114 Cal.App.4th 835 (2003). Benson enforced a disputed oral transmutation agreement based on the doctrine of partial performance, despite Family Code Section 852, which appears to require that transmutation agreements be in writing.
Mitchell A. Jacobs
Law Office of Mitchell A. Jacobsfamily 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.
David Marcus
Family Law
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