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Cal. Family Code § 852 (2026)

✓ current as of May 2026
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(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.

Notes of Decisions
Cited in 64 cases (18 in the last 5 years), 1995–2026 · 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 8× “” (Fam. Code, § 852, subd. (c), italics added.”
In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. 2016). · cites it 13× “Thus, the court also considers the applicability of California Family Code § 852(a), California’s marital property transmutation statute, and California Evidence Code § 662, California’s general presumption of record title.”
In Re Marriage of Benson, 116 P.3d 1152 (Cal. 2005). · cites it 2× “Family Code section 852, subdivision (a) [1] (section 852(a)) provides that a "transmutation," or an interspousal transaction changing the character of community or separate property ( id.”
Sterling v. Taylor, 152 P.3d 420 (Cal. 2007). · cites it 2× “[5] Civil Code section 1624, subdivision (a) states: "The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent[.”
In Re Marriage of Haines, 95 Cal. Daily Op. Serv. 2126 (Cal. Ct. App. 1995). · cites it 2× “(a) [Fam. Code, § 852, subd. (a)]); see also Estate of MacDonald (1990) 51 Cal.”
Est. of Bibb, 2001 Cal. Daily Op. Serv. 1708 (Cal. Ct. App. 2001). · cites it 2× “Family Code section 852, subdivision (a), provides: “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.”
Falcone v. Fyke, 203 Cal. App. 4th 964 (Cal. Ct. App. 2012). “(Fam. Code, § 852.) Kathey finally contends that the trial court improperly charged her with one-half the $286,000 rental value of her residence.”
Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010). “See Cal. Fam.Code § 852(b) (West 2004); Tex. Fam.”
Allen v. Allen, 2002 Cal. Daily Op. Serv. 1825 (Cal. Ct. App. 2002). · cites it 2× “(Fam. Code, § 852; see Estate of MacDonald (1990) 51 Cal.”
In Re Marriage of Brooks & Robinson, 169 Cal. App. 4th 176 (Cal. Ct. App. 2008). “By contrast, the initial acquisition of property from a third person does not constitute a transmutation and thus is not subject to the [Family Code section 852, subdivision (a)] transmutation requirements [citation].”
United States v. Richard J. Lester, & Sheila Lester, Petitioner-Claimant-Appellant, 85 F.3d 1409 (9th Cir. 1996). “, Cal. Fam.Code § 852(a) (requiring that transmutations of property from community to separate property be accompanied by an express declaration “made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected”).”
Collins v. Wolf, 591 B.R. 752 (S.D. Cal. 2018). · cites it 2× “) California Family Code § 852 provides "[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.”
Show all 64 citing cases →
— Cal. Family Code § 852(a) — 10 cases
In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. 2016). “Thus, the court also considers the applicability of California Family Code § 852(a), California’s marital property transmutation statute, and California Evidence Code § 662, California’s general presumption of record title.”
United States v. Richard J. Lester, & Sheila Lester, Petitioner-Claimant-Appellant, 85 F.3d 1409 (9th Cir. 1996). “, Cal. Fam.Code § 852(a) (requiring that transmutations of property from community to separate property be accompanied by an express declaration “made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected”).”
United States v. Boyce, 38 F. Supp. 3d 1135 (C.D. Cal. 2014).
Hanf v. Summers (In Re Summers), 278 B.R. 808 (9th Cir. BAP 2002).
Gamache v. Smurro, 2006 VT 67 (Vt. 2006).
— Cal. Family Code § 852(b) — 4 cases
Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010). “See Cal. Fam.Code § 852(b) (West 2004); Tex. Fam.”
Finalco, Inc. v. Roosevelt, 87 F.3d 311 (9th Cir. 1996).
Jacobsen v. Moser (5th Cir. 2010).
United States v. Real Prop. Located at 9832 Richeon Avenue, 156 F. App'x 50 (9th Cir. 2005).
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