In re Marriage of Valli Petition for Review

•
(Gray & Wagner, Complex Issues in California Family Law (2009 ed.), §C3.01[1],
p.C3-2.)
Prior to January 1, 1985, the law recognized transmutations involving oral or
written agreements, or understandings inferred from conduct or statements which
evidenced an intention to change the character ofproperty. (Weaver, supra, 224
• Cal.App.3d at pp.484-485.) This led to lengthy trials involving dubious testimony
as parties attempted to establish an agreement or understanding to overcome record
title. The Opinion invited that exact sort oftestimony in this case. (Opinion,
p.784.)
To remedy the problems which arose from transmutations based on
unreliable evidence, the Legislature enacted Civil Code section 5110.730 (now
Fam. Code §852) on January 1, 1985, invalidating any transmutation which is not
in writing. (Estate ofMacDonald (1990) 51 Cal.3d 262,269.) Fam. Code §852
states: "A transmutation ofreal 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." (Fam. Code
§852(a).) (Fam. Code §852(a) (emphasis added).) To satisfy the express
(declaration requirement, the "writing signed by the adversely affected spouse [is
not valid unless it contains] language which expressly states that the
•
33