Begian

*508 INTRODUCTION

*694 Family Code section 852, subdivision (a) 1 ( section 852(a) ) provides that a "transmutation," or an interspousal transaction changing the character of community or separate property, "is not valid unless made in writing by an *509 express declaration " by the adversely affected spouse. (Italics added.) In Estate of MacDonald (1990) 51 Cal.3d 262 , 272 Cal.Rptr. 153 , 794 P.2d 911 ( MacDonald ), our Supreme Court held that a writing satisfies the "express declaration" requirement only if it states on its face that "the characterization or ownership of the property is being changed." ( Id. at p. 272, 272 Cal.Rptr. 153 , 794 P.2d 911 .) The MacDonald court also made clear that its construction of section 852(a) precludes the use of extrinsic evidence to prove an ambiguous writing effected a transmutation. ( Id. at p. 264, 272 Cal.Rptr. 153 , 794 P.2d 911 ; In re Marriage of Benson (2005) 36 Cal.4th 1096 , 1100, 32 Cal.Rptr.3d 471 , 116 P.3d 1152 ( Benson ).)

In this case we must decide whether a "Trust Transfer Deed," signed by Richard Begian, granting certain real property to his wife, Ida Sarajian, met section 852(a) 's express declaration requirement. 2…