Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default Can You Convert a Marital Home Back Into Separate Property

    A couple married in California, and lived in the wife's home. Two years into the marriage she added her husband to the house deed. A year later they separated. They are now divorcing and the wife wants to know if she can convert her home back into separate property, so that her husband doesn't get a share of the home in the divorce. Is that possible?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Convert a Marital Home Back Into Separate Property

    If he agrees, then anything is possible.

    If he does not agree, she should anticipate that the court will look upon her choice to jointly title the property as rendering it a marital asset:
    Quote Quoting California Family Court, Sec. 850.
    Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:

    (a) Transmute community property to separate property of either spouse.

    (b) Transmute separate property of either spouse to community property.

    (c) Transmute separate property of one spouse to separate property of the other spouse.
    Quote Quoting California Family Court, Sec. 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.
    There are defenses to transmutation, which the wife can discuss with her divorce lawyer, but in most cases like this the court will find intent to transmute the property into a marital asset.

    1. Sponsored Links
       

Similar Threads

  1. Division of Assets: Will A Court Treat a Marital Home as Separate Property
    By lawfacts in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 10-18-2016, 03:23 PM
  2. Division of Assets: Can You Convert Debt from Community Property to Separate Property
    By CAEPESQ in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-17-2015, 09:07 AM
  3. Property Division: When Does Separate Property Become Part of the Marital Estate
    By Patent Litigator in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 06-11-2014, 04:13 AM
  4. Division of Assets: Use of Significant Separate Assets Toward the Purchase of a Marital Home
    By lonleyinlasvegas in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 08-02-2012, 07:32 PM
  5. Division of Assets: Is Gifted Money, Used to Buy a Marital Home, Still Separate Property
    By prodivorcee in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 07-26-2012, 08:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources