In Re the Marriage of Schweitzer

The issue in this case is whether a community property agreement governs the characterization of property in a dissolution notwithstanding the parties’ recollection that they intended it to become effective at death. The written agreement provides that all property "now owned or hereafter acquired” by either spouse was converted to community property at the time it was signed. The trial court, using parol evidence, construed the agreement as not taking effect until death. Because parol evidence may not contradict the terms of a written agreement, we reverse.

I

When the parties were married in…