In Re Marriage of Holtemann

In In re Marriage of Starkman (2005) 129 Cal.App.4th 659 [ 28 Cal.Rptr.3d 639 ], we concluded that merely characterizing separate property transferred to a trust established pursuant to an estate plan as “community property” is insufficient to effectuate a transmutation of the property in the absence of “ ‘language which expressly states that the characterization or ownership of the property is being changed.’ ” (Id., at p. 664, quoting Estate of MacDonald (1990) 51 Cal.3d 262, 272 [ 272 Cal.Rptr. 153 , 794 P.2d 911 ].) Here we are presented with such a clear expression, in the form of an express agreement to transmute property transferred into a trust established for the same purpose. We conclude that a present transmutation of separate property to community property was thereby effected, notwithstanding language in the transmutation agreement and trust that purports to qualify, limit or condition the transfer upon the death of either spouse.

Frank Gordon Holtemann appeals from a bifurcated order issued in favor of his former wife, Barbara Holtemann, regarding the legal effect of a spousal property transmutation agreement executed during the marriage. Frank contends the…