Legal Question in Family Law in California
Transmuted Seperate Property ?
Divorcing. Bought home 1996 paid mo. mortgage paymts. w/ comm. assets from Jun 96 thru Dec 03. In Jan. 04 spouse paid off encumberance w/monies from spouses seperate acct. which contained mostly (if not all) inheritance funds. Bank draft - ''REMITTER'' listed ''John C and Jane B. Doe''. Is this enough to show ''written intent'' to transmute said funds from seperate to community?
I have copies of 2 other large bank drafts from same acct. that only list John C. Doe as the remitter.
It had never been the intent of either of us for one party to have more of an interest in said property than the other. Also, I was not informed of this major financial transaction ($100,000+)until after it was completed.
3 Answers from Attorneys
Re: Transmuted Seperate Property ?
Through effective advocacy you may obtain your goal in an acceptable marital settlement agreement. Call me directly at (619) 222-3504.
Re: Transmuted Seperate Property ?
If I were to advocate your position, this is not transmuted separate property but rather co-mingled separate property that becomes community property. Call my office for a free consultation.
Reply: Transmuted Seperate Property ?
In a general sense, transmutation of real or personal property in California 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, among other requiremens (See Family Code Section 850, 851 and 852).
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
