Couples may change the nature and character of property after they marry. This is known as a transmutation. Usually, this comes up when a person transfers his or her separate property post marriage into community property. However, there are strict requirements in order to have a valid transmutation. Some of the questions that individuals might have are 1) Is a quitclaim sufficient for a transmutation?; 2) Is a Grant Deed needed to have a valid transmutation?; 3) Is any writing evidencing an interspousal transfer enough to show a transmutation?

California Family Code sets out the requirements to have a valid transmutation. This area of law is very complex and highly litigated since usually it involves a lot of money. At the time of the divorce, each side will argue his or her position (that there is or there is not a valid transmutation).

If you live in Orange County, Riverside County, or San Bernardino County and if you have a transmutation issue in your divorce, contact one of our knowledgeable and aggressive attorneys.

For more information call 800-589-9901 or email us at info@dieferlaw.com.

Many individuals are looking at premarital agreements to preserve and protect asset they have acquired before the marriage. Even though California Law states that assets acquired before marriage are separate property, if a person wants to protect such assets, its a good idea to consider a premarital agreement.

In California, once parties are married one spouse can begin to acquire an interest in the property of the other spouse. Hence, with time a spouse can acquire an interest in the separate property asset of the other spouse. The general rule is that all income earned during the marriage is community property. Therefore, as one spouse continues to make payments on his or her separate property with community income the community (the married couple) begings to acquire an interest in that property.

This rule also applies to the labor, work, and effort of the parties. Thus, if a spouse owns a business that was started before the marriage but continues to grow the business after the marriage, the community acquires an interest in the increased value of the business.

It is very important that parties seek legal advise when entering into an premarital agreement. If the premarital agreement is not done properly, it will be void. This is specially true when entering into spousal support waivers. Also, the spouse that is giving up his or her rights should seek legal advise to make sure they completely understand what rights he or she is waiving.

For more information and an in depth consultation with one of our Aggressive, Caring, and Affordable attorneys, contact (800) 589-9901, or email us at info@dieferlaw.com.