In Re Marriage of Starkman

Opinion

GILBERT, P. J.

As part of their estate plan a husband and wife establish a revocable trust into which husband transfers all of his separate property. A paragraph in the trust agreement provides that the property transferred to the trust is community property unless husband or wife as transferor identifies it as separate property. Husband does not so identify the property.

Here we hold that the clause is insufficient to create a transmutation of husband’s separate property to community property.

Christine Starkman appeals an interlocutory judgment entered in favor of her former husband,…