Marriage of Begian and Sarajian CA2/3
Family Code section 852, subdivision (a) (section 852(a)) provides that a “transmutation,” or an interspousal transaction changing the character of community or separate property, “is not valid unless made in writing by an express declaration” by the adversely affected spouse. (Italics added.) In Estate of MacDonald (1990) 51 Cal.3d 262 (MacDonald), our Supreme Court held that a writing satisfies the “express declaration” requirement only if it states on its face that “the characterization or ownership of the property is being changed.” (Id. at p. 272.) The MacDonald court also made clear that its construction of section 852(a) precludes the use of extrinsic evidence to prove an ambiguous writing effected a transmutation. (Id. at p. 264; In re Marriage of Benson (2005) 36 Cal.4th 1096, 1100 (Benson).)
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