Transmutation of Personal Property to Jointly Owned
My question involves estate proceedings in the state of: California
My spouse recently passed away. Before we were married, she had personal property titled in her name only. When we got married we changed title so that we were both on the title (and/or). My name was not just added to the existing title, but we took out a new title with new registration number unique to both our names on it. Is this considered a transmutation to joint ownership with rights of survivorship? Can separate property be transmuted into joint or just community? Confusing, but the personal property is not vehicle related. It is personal tangible property that has with it title and registration. Because of this change I need to know if this property becomes part of the community property and goes thru probate, or if it goes to me by right of survivorship. (Has to do with animal registration).
Thank you so much
Re: Transmutation of Personal Property to Jointly Owned
"Title" can be presumptive, but transmutation tends to require a writing. Sometimes even a deed is not enough. But, as to the real question you are asking, only if the title is taken as joint owners with right of survivorship or as community property with right of survivorship, is it going to pass to you under operation of law.
Re: Transmutation of Personal Property to Jointly Owned
So if the registration (title papers) just says both our names, is that enough to show joint ownership? The association rules for this registration works the same as dmv rules, and they told me that if one person named on the papers dies, title is automatically transferred to the other. But I didn't know if California community law trumps the rules of the organization that holds the registration. We had one vehicle also titled in both our names and the dmv said it passed to me by rights of survivorship, and there was no problem changing title. I am assuming by your answer that it will be deemed community property and go thru probate because paperwork does not include the wording "right of survivorship". Thank you so much for your response.
Re: Transmutation of Personal Property to Jointly Owned
this link should answer some of your questions
Re: Transmutation of Personal Property to Jointly Owned
Quote:
Quoting
gguubb
So if the registration (title papers) just says both our names, is that enough to show joint ownership? The association rules for this registration works the same as dmv rules, and they told me that if one person named on the papers dies, title is automatically transferred to the other. But I didn't know if California community law trumps the rules of the organization that holds the registration. We had one vehicle also titled in both our names and the dmv said it passed to me by rights of survivorship, and there was no problem changing title. I am assuming by your answer that it will be deemed community property and go thru probate because paperwork does not include the wording "right of survivorship". Thank you so much for your response.
I said nothing of the sort. The specific title wording is important. Also, depending on the argument, there could be another writing beyond the registration to get a transmutation.
Quote:
852. (a) A transmutation of real or personal property is not valid
unless made in writing by an express declaration that is made, joined
in, consented to, or accepted by the spouse whose interest in the
property is adversely affected.
(b) A transmutation of real property is not effective as to third
parties without notice thereof unless recorded.
(c) This section does not apply to a gift between the spouses of
clothing, wearing apparel, jewelry, or other tangible articles of a
personal nature that is used solely or principally by the spouse to
whom the gift is made and that is not substantial in value taking
into account the circumstances of the marriage.
(d) Nothing in this section affects the law governing
characterization of property in which separate property and community
property are commingled or otherwise combined.
(e) This section does not apply to or affect a transmutation of
property made before January 1, 1985, and the law that would
otherwise be applicable to that transmutation shall continue to
apply.
http://www.ocbar.org/AllNews/NewsVie...0/Default.aspx