A California Transmutation Agreement is a marital contract that provides that the ownership of a particular piece of property will, from the date of the agreement forward, be changed.
Why have a Transmutation Agreement?
Simply deeding property or changing the documents of title on stock or other assets may not change ownership rights in California between married persons. The legislature and the courts have set out complicated rules that must be followed to change how title is held after a transaction between spouses. For example, simply changing the ownership of stock from one party to the other without some statement of intent has been held to be inadequate to transmute the stock from one party to the other. Likewise, a quit claim deed, without more, may be ambiguous about the intent of the parties.
Are particular words required to transmute property in California?
Although the California Supreme Court has stated that particular words are not required, in fact, many writings that most people would consider adequate have been held to be inadequate. For that reason, it is important that in any transaction involving married persons that a Certified Specialist in Family Law draft the agreement.
Must a transmutation agreement be notarized?
No. However, by notarizing the signatures may avoid later claims that the signature of one spouse is a forgery. If the transfer involves an asset of substantial value, requiring notarized signatures is advisable.
Can I create a Transmutation Agreement form online?
Yes. Our service is designed to help people obtain the services of a Certified Family Law Specialist to create a Transmutation Agreement online.