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What is a Transmutation of Property in a California Dissolution Proceeding?


In simple terminology, a transmutation is the changing of title to property from separate to either community or separate property (of the other party) or changing the title from community property to the separate property of either party. An express writing is required and there must be an express declaration acknowledging the change in character in unambiguous terms by the party whose interest is adversely effected. For example, an oral promise that a piece of real property would be the sole property of the other spouse would not be an enforceable change in the character of property.

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