Kevin and Lisa, a married couple in California, decide to change the title of their home from community property to Kevin's separate property. Under California Family Code, what is required for this transmutation to be valid?
Correct Answer
C) An express written declaration by the spouse whose interest is being adversely affected, made with full knowledge
Under California Family Code §852, a transmutation of community property to separate property (or vice versa) is valid only if made by an express written declaration by the spouse whose interest is being adversely affected. In this case, Lisa must make a written declaration since she is giving up her community property interest. The writing must expressly state that the character of the property is being changed.
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