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Community Property • Transmutations
CPROP#039
Legal Definition
Transmutations are agreements made during marriage which recharacterize or change ownership of assets.
Plain English Explanation
"Transmutation" sounds like a Harry Potter spell... and, to be honest, it kinda is one. It's the process of converting separate property into community property (or community property into separate property). For example, imagine if one spouse owned a dog prior to getting married. After they got married, both spouses care for (and love) the dog, however, legally speaking, the dog is solely and completely owned by only one of the spouses as separate property. The owner of the dog may choose to transmutate the dog's ownership into community property so that it is equally owned by both spouses.
In other words, transmutation is a way to legally change what's "mine" into what's "ours."
In other words, transmutation is a way to legally change what's "mine" into what's "ours."
Hypothetical
Hypo 1: Bob and Amy are married. Bob has a collection of vintage comic books he acquired before marriage. One day, they agree that the collection should be considered a joint asset of their marriage. They even write down this agreement. Result: This is a classic case of transmutation. The comic book collection, initially Bob's separate property, is now part of their community property due to their mutual agreement.
Hypo 2: Amy inherits a piece of land from her parents during her marriage to Bob. Later, they both decide and formally agree that the land should be owned by both of them, not just Amy. Result: Here, Amy's inherited land, originally her separate property, becomes community property through a transmutation agreement with Bob.
Hypo 3: Bob receives a valuable watch as a gift from his parents during his marriage to Amy. He never discusses or agrees with Amy to make the watch community property. Result: The rule of transmutation does not apply here. The watch remains Bob's separate property because there was no mutual agreement to change its status.
Hypo 2: Amy inherits a piece of land from her parents during her marriage to Bob. Later, they both decide and formally agree that the land should be owned by both of them, not just Amy. Result: Here, Amy's inherited land, originally her separate property, becomes community property through a transmutation agreement with Bob.
Hypo 3: Bob receives a valuable watch as a gift from his parents during his marriage to Amy. He never discusses or agrees with Amy to make the watch community property. Result: The rule of transmutation does not apply here. The watch remains Bob's separate property because there was no mutual agreement to change its status.
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