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Transmutation Agreements

Learn about the formation and interpretation of transmutation agreements altering the character of separate property or community property.


The characterization of property as separate or community property determines its ownership, each spouse’s rights, and whether it’s subject to division between the spouses in a divorce. Recall that property is usually characterized at the time of its acquisition based on the property’s source. And once property is characterized, it retains that characterization even if it changes form during marriage. But sometimes spouses might want to change the characterization of property. To do so, they’...