S. Victoria Wells - Page 11

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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              

          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                   

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