- 14 -
Rptr. 2d 449, 455 (Cal. Ct. App. 1994). An express declaration
requires "language which expressly states that the
characterization or ownership of the property is being changed."
Bolton v. MacDonald (In re Estate of MacDonald), 794 P.2d 911,
918 (Cal. 1990). On the other hand, transmutations occurring
before January 1, 1985, do not need to be written. Prior to
January 1, 1985, there was little in the way of requisite
formalities; all that was required was substantial credible and
relevant evidence. Weaver v. Weaver (In re Marriage of Weaver),
273 Cal. Rptr. 696, 699 (Cal. Ct. App. 1990) (citations omitted).
Out of the five properties constituting the Young Property,
only the Bixby Knolls Motel was purchased prior to January 1,
1985. Therefore, in regard to the other four properties, in
order for a transmutation to be valid, it must be made in a
writing by an express declaration. Petitioner admitted that at
no time prior to decedent's death in June of 1989, did decedent
or Yang execute a writing to change their legal title, as husband
and wife as joint tenants, in the properties. Further,
petitioner did not present any other writing which would satisfy
the express declaration requirement. We find that there was no
valid transmutation for the following parcels of the Young
Property, which were acquired after December 31, 1984: (1) Condo
5(...continued)
California Civil Code secs. 5110.710 and 5110.730 are the
applicable sections.
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