- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011