Frank Holtemann appeals from a decision that transmuted his separate property into community property as part of a spousal property transmutation agreement. He contends that the agreement did not contain an “express declaration” sufficient to transmute his separate property into community property. The court disagrees, finding that the agreement contains an unambiguous and clear expression that transmuted Frank’s separate property to community property. The agreement included a transmutation of Frank’s separate property to community property, and although conditions and limitations applied, they did not prevent the transmutation. The agreement also reflected that Frank was aware of the legal implications of his actions.
#transmutation, #separate-property #community-property
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## Citation reference
Holtemann, In re Marriage of (2008) 166 Cal.App.4th 1166, 83 Cal.Rptr.3d 385
> [!info] Working notes
> This is a personal working note. Citation details are for reference; opinion and current-status verification may still be pending.
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