Legal Question in Family Law in California
If a transmutation agreement has the following statement/disclaimer at the end of the document (before signatures), what effect does this have on the surviving spouse? Would it reverse everything in the document? (i.e., would debts stated as separate property now become the burden of the surviving spouse?) Here is the statement:
"This agreement shall become null and void in the event of death of either party while at the same time the parties had remained married and were cohabiting with each other"
Taking it one step further, what effect would that have if the expired spouse was in a longterm care facility?
1 Answer from Attorneys
A very carefully crafted question that deserves an answer. However ,much more information is needed for analysis. Meeting with an experienced family law attorney to explore the totality of this document that you reference and the circumstances of the parties is an essential requirement to get the answers that you seek.
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