By -

        


             




 What on Earth is a Transmutation???

Under California Divorce law, a valid transmutation is a written agreement to change the ownership characterization of a property.  In order to comply with the law, said agreement must satisfy the requirements of Family Code Section 852.  

                    
                      The above is all fine and dandy 
                 but what on earth does it mean?


What it means is this; California Divorce Law takes changing property ownership during a marriage very seriously.  The legislature (the people who create the code sections we follow) does not want anyone to slip into a transmutation.  Transparency is the name of the game. Trickery does not belong here!

Per California Divorce Law, if you or spouse are thinking about changing ownership rights to an asset, i.e. a piece of real property, the agreement MUST be memorialized in a writing and said writing  needs to be unambiguous. 

Two years ago, I tried a divorce case in Pasadena, CA, department K.  One of the issues at the trial was whether a TRUST TRANSFER DEED satisfied the requirements for transmutation.  I argued that it did not.  Mind you, at that time, no case in California history had EVER held that a deed, of any sort, had failed to comply with Family Code Section 852.  Regardless, i continued on with my argument. 

The trial court ruled against us.  Soon after this ruling, undeterred, I appealed the decision.  

In December 2018, my client and I were vindicated.  The California Court of Appeal ruled in our favor and overturned the trial court's ruling.  The name of the case is Begian v. Sarajian.  It has now been published by the appellate court, meaning it is now citable California Law.  A must read for anyone going through a divorce and dealing with property ownership issues.  Check out the pics below!  Pic 1, is our victory. Pic 2, is the Order to publish the opinion

Thank you for reading this posting!

Sincerely, 

Patrick Baghdaserians
Certified Family Law Specialist
Baghdaserians Law Group
Family Law Attorney and Expert located in Pasadena, CA







Comments

Post a Comment

Popular posts from this blog

California Statutory Criteria For Determination of Custody Disputes

By -
Family Code § 3022 provides the court with authority to make an order for the custody of a minor child that seems necessary and proper during the pendency of a proceeding or at any time thereafter.    California family law courts use Family Code § 3040 to establish the order of preference in granting custody in divorce actions.  The first section of this code section provides that “Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020.” Parties involved in a custody dispute would be wise to review Family Code §§ 3011 and 3020.  Since these two sections outline the criteria that California judges use to determine custody disputes, parties to such actions should address these factors in their declarations when providing testimony and argument.  Successful litigants spend time addressing facts that directly address these factors.  Spending too much time on facts that do not relate to the a
Read more
By -
Family Law Judgments MAY be Set Aside Due to Fraud!             Civil litigants have the duty and obligation to be transparent with one another. Underhand conduct and trickery cannot and should not be tolerated by the trial court. This extends to the filing of documents with the court and representation made to adverse parties. These requirements are exponentially increased when dealing with a dissolution matter between spouses. The existence of both a confidential and fiduciary relationship requires that parties not only be transparent but also act in accordance with the utmost level of integrity and good faith dealing. When individuals seek to circumvent said requirements, the trials courts have the ability to right the wrong and set aside fraudulent and unjust orders.            Code of Civil Procedure , Section 473 provides in part as follows,  "The court may, upon any terms as may be just, relieve a pa1iy or his or her legal representative from a judgment, dismissal, or
Read more
By -
Image
         Paying too much in Spousal Support? Call us! Modification of a spousal support order is a matter for the exercise of the court’s discretion, based upon a showing of a change of circumstances since the last spousal support order.  In re Marriage of Meegan  (1992) 11 Cal. App. 4 th 156, 161;   In re Marriage of Stephenson (1995) 39 Cal. App. 4 th 71, 76-77. “In determining whether a change of circumstances has occurred, the trial court is required to reconsider the same standards and criteria set forth in . . . now Family Code section 4320 it considered in making the initial long-term order at the time of judgement and any subsequent modification order.”   Marriage of Stephenson (1995) 39 Cal. App. 4 th 71, 77. In other words, in considering a spousal support modification request - … given the predicate of a change of circumstances – the trial court looks at the various factors bearing on spousal support under section 4320.   In re marriage of
Read more