Legal Opinion
Estate of Bibb
California Court of Appeal
Decided February 28, 2001No. A091894PublishedCited by 25 opinions
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
WALKER, J.
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.” 1 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…
2Cases cited5 opinions
- Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
- Landry v. Berryessa Union School DistrictCalifornia Court of Appeal · 1995
- Estate of MacDonaldCalifornia Supreme Court · 1990
- California Trust Co. v. BennettCalifornia Supreme Court · 1949
- Estate of PetersenCalifornia Court of Appeal · 1994
3Cited by25 opinions
- In Re Marriage of BensonCalifornia Supreme Court · 2005
- In Re Ann Marie Summers, Debtor. Richard J. Hanf, Chapter 7 Trustee v. Eugene Summers, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers Ann Marie Summers Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora SummersCourt of Appeals for the Ninth Circuit · 2003
- In re: Clifford Allen Brace, Jr.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
- Hanf v. SummersCourt of Appeals for the Ninth Circuit · 2003
- Kushesh v. Kushesh-Kaviani (In re Kushesh), California Court of Appeal, 5th District2018
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