Begian v. Sarajian (In re Begian)

*508INTRODUCTION

*694Family 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 *509express 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.…