Family Code section 850 - "Transmutations of Property"

THURMAN'S FAMILY LAW TIPS - WHAT IS A "TRANSMUTATION"?

Family Code Section 850

Tranmutations are interspousal transactions that operate to change the character of property from separate to community property, from community to separate property, or from the separate property of one to the separate property of the other. Transmutations can only occur between spouses or registered domestic partners, and don't involve third parties (i.e., sellers). The concept does not apply to the initial acquisition of property, but instead to property that is already owned by one or both spouses. Both personal property (i.e., cars) and real property (i.e., the family residence) can be transmuted.

Family Code section 850 simply recognizes that they have the legal ability to transmute or change the character of their interests. The key transmutation statute of Family Code section 852 which describes what is required in order to create a valid and binding transmutation.

Want to learn more about transmutations - here are more articles.


CALIFORNIA FAMILY CODE

CHARACTERIZATION OF MARITAL PROPERTY

TRANSMUTATION OF PROPERTY

Family Code Section 850

Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:
(a) Transmute community property to separate property of either spouse.
(b) Transmute separate property of either spouse to community property.
(c) Transmute separate property of one spouse to separate property of the other spouse.

Testimonials & Endorsements

  • “When I first called this law office and set up my initial consultation with Michael Peterson for my pending divorce, I was impressed with how professional and straight-to-the-point he was. He asked ...”

    - Seth C.
  • “Michael Peterson has been helping me successfully get through a particularly high conflict divorce and custody battle for the past 5 years. I highly recommend his services especially through ...”

    - Nicole G.
  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Yelp
  • Super Lawyers - Thurman
  • Avvo Rating - Superb Top Divorce Attorney
  • AV Preeminent - 2015
  • Super Lawyers - Michael
  • AAML
  • Coachella Valley's Top lawyers
  • Client Distinction - Thurman
  • California Certified (CBLS)