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Although the writing need not contain the words
"transmutation", "community property", or "separate property",
there must be language that expressly states that the character
or ownership of the spouse's interest is being changed. Id. at
919. In addition, the court found that the decedent was the
party whose interest in the property was "adversely affected".
Id. at 918. In the case before us, the "adversely affected"
person is Mr. Wells. He transferred his one-half interest in the
Paddock Lane property when he signed and delivered the deed. We
do not find persuasive petitioner's contention that she is the
"adversely affected" party because she bears the tax burdens of
the sale of the Paddock Lane property.
Petitioner argues that there was no express recharacter-
ization or change of ownership of the interest in the Paddock
Lane property. Specifically, she asserts the deed did not
satisfy the express declaration requirement of California Civil
Code section 5110.730(a) because it did not contain the phrase
"as her sole and separate property". We do not find that phrase
to be necessary for purposes of transmuting a real property
interest under California Civil Code section 5110.730(a). The
6(...continued)
Bennett, 204 P.2d 324 (Cal. 1949), in which it determined that
parol evidence is not admissible when a statute requires the
formality of a writing for the creation of an interest in
property.
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