In Re Marriage of Benson

*1100Opinion

BAXTER, J.

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 (§ 850), “is not valid unless made in writing by an express declaration” approved by the adversely affected spouse. In Estate of MacDonald (1990) 51 Cal.3d 262, 264 [272 Cal.Rptr. 153, 794 P.2d 911] (MacDonald), this court held that a writing satisfies the “express declaration” requirement only if it states on its face that a change in the character or ownership of the subject property is being…