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HomeFamily CodeDiv. 4Pt. 2Ch. 5§ 852 Spousal Property Transmutation Rules

§ 852 Spousal Property Transmutation Rules

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 852 Spousal Property Transmutation Rules

Key Takeaways

  • •If you want to change who owns property between you and your spouse (like from both of you to just one), you have to write it down and both agree to it.
  • •If the property is something big like a house, you have to record the change so other people know about it.
  • •Small gifts like clothes or jewelry don’t need to be written down, as long as they’re not super expensive.
  • •This rule doesn’t apply to property changes made before 1985.

Example

A husband wants to give his wife the house they own together, so it’s only in her name.

They have to write it down and both sign the paper saying she now owns it. They also have to record this change with the county so everyone knows the house is only hers.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 852 Spousal Property Transmutation Rules

(a) A transmutation of real or personal property 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. (b) A transmutation of real property is not effective as to third parties without notice thereof unless recorded. (c) This section does not apply to a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage. (d) Nothing in this section affects the law governing characterization of property in which separate property and community property are commingled or otherwise combined. (e) This section does not apply to or affect a transmutation of property made before January 1, 1985, and the law that would otherwise be applicable to that transmutation shall continue to apply. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

transmutationexpress declarationadversely affectedcommingled property

Related Statutes

  • § 851 Transmutation Fraudulent Transfer Rules
  • § 853 Will Statements And Transmutations
  • § 1000 Spousal Liability Exceptions
  • § 17800 Child Support Complaint Process
  • § 17801 Child Support Complaint Appeals

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 852.
View Official Source