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  1. #1
    Join Date
    Apr 2015
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    Default Can You Convert Debt from Community Property to Separate Property

    My question involves a marriage in the state of: California

    My question is: can you transmutate debt from community property to separate property?

    This has nothing to do with a pending divorce.

    I did a lot of research already on this question and haven't come to a satisfactory answer.

    The answer may hinge on the definition of "personal property" -- which includes "evidences of debt" in the CA evidence code and CA code of civil procedure, but is undefined in the CA family and probate codes.

    I've seen a few - just a few - blog entries saying that debt is included in "property", but no citations.

    For now, gun to my head, I'd say secured debt can be transmutated if the property to which it is secured is transmutated. Unsecured debt, I say "no".

    Any thoughts would be greatly appreciated.

    As this is my first post on this forum, a little introduction: I'm a mid-level EP attorney at a firm in S. California without a family law division.

    Thanks again.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Convert Debt from Community Property to Separate Property

    What is the context?

    If you're asking if you can convince a creditor to give up any claim against one spouse in relation to a debt incurred by the other spouse, despite its being a community debt, yes... you can ask. But they are almost certain to decline.

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