TRANSMUTATION Agreements
California Transmutation Agreements
Clarify ownership. Protect your intentions. Preserve peace of mind with a well-crafted transmutation agreement.
At Aloha Divorce, we offer tailored Transmutation Agreement services to help couples clearly define the separate or community character of property during marriage. Whether you’re converting separate property to community property, or vice versa, we ensure the process is legally sound, fully informed, and in alignment with your goals.
Our services include:
Legal counseling to determine whether a transmutation is appropriate
Drafting and reviewing transmutation agreements that meet California Family Code requirements
Ensuring written consent, clear intent, and proper disclosures are documented
Coordinating with estate planners, CPAs, or financial advisors when needed
Transmutation agreements can be a valuable tool for estate planning, tax efficiency, or simplifying future property division. We help you navigate this process with clarity, care, and legal precision.
What Is a Transmutation?
A transmutation is a written agreement between spouses that changes the legal classification of property:
From separate property to community property
From community property to one spouse’s separate property
From one spouse’s separate property to the other spouse’s separate property
Whether you’re updating title to a home, transferring a business interest, or formalizing financial decisions between spouses, a transmutation must meet strict legal standards to be valid—and to stand up in court if ever challenged.
What Makes a Transmutation Legally Valid?
- In Writing – Verbal agreements are not enforceable
- Express Declaration – Must clearly state the intent to change ownership
- Signed – By the spouse giving up an interest
- Clear Understanding – The transferring spouse must know what they're agreeing to
Under California Family Code Section 852, a transmutation is only valid if:
It is in writing
It contains an express declaration
It is signed or accepted by the spouse giving up their interest
It clearly reflects that the transferring spouse understands the legal effect of the change
Verbal agreements don’t count. Casual emails or informal arrangements won’t protect you. To avoid unintended consequences, the agreement must be crystal clear and properly executed.
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Transmutation Agreement
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Initial consultation to assess your goals and property historyList Item #1
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Drafting of a clear, enforceable transmutation agreement
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Language that complies with Family Code Section 852
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Optional separate reimbursement waiver (Family Code Section 2640)
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One round of revisions
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Email support throughout the process
Why Flat-Fee Pricing?
Our flat-fee pricing ensures you know exactly what you’re paying upfront—no surprises, just clarity. We believe in transparency, so you’ll never have to worry about hidden costs or unexpected legal fees. During your consultation, we’ll walk you through the prenup process, answer your questions, and explain how our pricing structure keeps things simple and stress-free. Below, you’ll find answers to some of the most common questions we receive about our flat-fee prenuptial agreements.
Predictable Costs
You’ll never be surprised by hourly charges or unexpected fees.
Clear Scope of Work
You know exactly what’s included in your service package.
Focused on You, Not the Clock
We take the time needed to create a strong, fair agreement.
Hourly billing can add up fast. With our flat-fee approach, you get quality legal guidance with full cost transparency.