Chapter 5. Transmutation of Property - California Family Code Section 852
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California Laws > Family Code > Chapter 5. Transmutation of Property - California Family Code Section 852
852. (a) A transmutation of real or personal property is not valid
unless made in writing by an express declaration that is made, joined
in, consented to, or accepted by the spouse whose interest in the
property is adversely affected.
(b) A transmutation of real property is not effective as to third
parties without notice thereof unless recorded.
(c) This section does not apply to a gift between the spouses of
clothing, wearing apparel, jewelry, or other tangible articles of a
personal nature that is used solely or principally by the spouse to
whom the gift is made and that is not substantial in value taking
into account the circumstances of the marriage.
(d) Nothing in this section affects the law governing
characterization of property in which separate property and community
property are commingled or otherwise combined.
(e) This section does not apply to or affect a transmutation of
property made before January 1, 1985, and the law that would
otherwise be applicable to that transmutation shall continue to
Last modified: February 16, 2015