Estate of MacDonald

Opinion

PANELLI, J.

Civil Code section 5110.730, subdivision (a) (section 5110.730 (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.”

In this case we are asked to decide what type of writing is necessary to satisfy the statute’s requirements. In our view, section 5110.730 (a) must be construed to preclude reference to extrinsic evidence in the proof of transmutations. Accordingly, we conclude a writing is…