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 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, 28 Cal.Rptr.3d 639 , quoting Estate of MacDonald (1990) 51 Cal.3d 262, 272 , 272 Cal.Rptr.' 153, 794 P.2d 911 .) Here we find such a clear expression and, notwithstanding language that purports to qualify, limit or condition the transfer, we conclude that a transmutation of separate property to community property was effected.

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 [1] contends the family law court erred in finding that the agreement contained an "express declaration" sufficient to transmute his separate property into community property, as contemplated by Family Code section 852, subdivision (a). We…