Estate of Bibb

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.” The issues we address in the published portion of this opinion are: (1) whether a grant deed signed by a husband transferring his separate property interest in real property to himself and his wife as joint tenants satisfies the “express declaration” requirement of section 852, subdivision (a); and (2) whether an unsigned computer printout, entitled “DMV Vehicle Registration Information,” reflecting that an automobile, which was previously registered in the husband’s name alone, was reregistered in the names of the husband or the wife, satisfies the requirements for a valid transmutation under section 852, subdivision (a). We hold that the grant deed in this case satisfied the express declaration requirement of section 852, subdivision (a), since it contained on its face a clear and unambiguous expression of intent to transfer the real property interest. Because the subject real property was…