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Cal. Family Code § 850 (2026)

✓ current as of May 2026
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Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:

(a)Transmute community property to separate property of either spouse.

(b)Transmute separate property of either spouse to community property.

(c)Transmute separate property of one spouse to separate property of the other spouse.

Notes of Decisions
Cited in 44 cases (15 in the last 5 years), 1994–2026 · leading case: Marr. of Valli, 324 P.3d 274 (Cal. 2014).
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Marr. of Valli, 324 P.3d 274 (Cal. 2014). · cites it 2× “(Fam. Code, § 850.) A transmutation of property, however, “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.”
Clifford Brace, Jr. v. Steven Speier, 979 F.3d 1228 (9th Cir. 2020). · cites it 3× “Transmutation Requirements The Supreme Court of California also identified changes to the transmutation requirements under California Family Code sections 850 and 852 that became effective January 1, 1985.”
In Re Marriage of Haines, 95 Cal. Daily Op. Serv. 2126 (Cal. Ct. App. 1995). “Transmutation Rules The manner in which Clarence acquired the residence in 1987 also is significant because it was a transmutation—an interspousal transaction or agreement which works a change in the character of the property— and special rules govern transmutations.”
Collins v. Wolf, 591 B.R. 752 (S.D. Cal. 2018). “3d 274 ; see also Cal. Fam. Code §§ 850 - 52. The Court reasoned that the California Legislature did not intend to "exempt from the transmutation requirements purchases made by one or both spouses from a third party during the marriage.”
Bernstein v. Pavich (In Re Pavich), 191 B.R. 838 (Bankr. E.D. Cal. 1996). “See Cal. Fam.Code § 850; Miles, 35 B.R. at 53 ; see also Marriage of Leversee, 156 Cal.”
Rodgers v. Rodgers, 887 P.2d 269 (Nev. 1994). “…3 Spouses do not have to accept community property law; they can opt out by agreement. See, e.g., NRS 123.190, .220; Cal. Fam. Code §§ 850 , 1500.”
Hanf v. Summers (In Re Summers), 278 B.R. 808 (9th Cir. BAP 2002). “Cal.Fam.Code § 850. Transmutations are subject to certain statutory requirements: 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…”
Est. of Castiglioni, 95 Cal. Daily Op. Serv. 8781 (Cal. Ct. App. 1995). “(Fam. Code, § 850.) However, “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 effected,” and a “transmutation of…”
Cecconi v. Cecconi (In Re Cecconi), 366 B.R. 83 (Bankr. N.D. Cal. 2007). “California Family Code Section 853 California Family Code sections 850 to 853 govern the transmutation of property under California law.”
United States v. Peterson (Crew), 537 F. App'x 3 (2d Cir. 2013). “Cal. Fam.Code § 850(b). However, such a transmutation must generally be "made in writing by an express declaration.”
Finalco, Inc. v. Roosevelt, 87 F.3d 311 (9th Cir. 1996). · cites it 2× “Cal. Fam.Code § 850(a). 3 The transmutation is valid between the spouses as long as it is “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.”
In re Brace (Cal. 2020). · cites it 2× “(Fam. Code, §§ 850, subd. (a), 852.) A spouse can hold his or her earnings in an account outside of the other spouse’s control in order to protect those earnings from liability for the other spouse’s pre-marital debts.”
Show all 44 citing cases →
— Cal. Family Code § 850(a) — 1 case
Finalco, Inc. v. Roosevelt, 87 F.3d 311 (9th Cir. 1996). “Cal. Fam.Code § 850(a). 3 The transmutation is valid between the spouses as long as it is “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.”
— Cal. Family Code § 850(b) — 1 case
United States v. Peterson (Crew), 537 F. App'x 3 (2d Cir. 2013). “Cal. Fam.Code § 850(b). However, such a transmutation must generally be "made in writing by an express declaration.”
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