In Re Marriage of Starkman

As part of their estate plan a husband and wife establish a revocable trust into which husband transfers all of his separate property. A paragraph in the trust agreement provides that the property transferred to the trust is community property unless husband or wife as transferor identifies it as separate property. Husband does not so identify the property.

Here we hold that the clause is insufficient to create a transmutation of husband’s separate property to community property.

Christine Starkman appeals an interlocutory judgment entered in favor of her former husband, Christopher Starkman, regarding asserted transmutation and characterization of property that was conveyed to the parties’ revocable trust. We affirm.

FACTS AND PROCEDURAL HISTORY

Christine and Christopher married on October 6, 1990, and have two minor children. They separated on October 1, 2003; Christine later filed a petition to dissolve their 13-year marriage.

Christopher is an heir to the United Parcel Service fortune, and he possesses substantial separate property assets. During the marriage, neither Christopher nor Christine was employed. Christopher supported the family with earnings from his…