Legal Opinion

In Re Marriage of Holtemann

California Court of Appeal

Decided September 15, 2008No. B203089PublishedCited by 4 opinions

1Opinion of the Court

Opinion

PERREN, J.

In In re Marriage of Starkman (2005) 129 Cal.App.4th 659 [28 Cal.Rptr.3d 639], we concluded that merely characterizing separate property transferred to a trust established pursuant to an estate plan as “community property” is insufficient to effectuate a transmutation of the property in the absence of “ ‘language which expressly states that the characterization or ownership of the property is being changed.’ ” (Id., at p. 664, quoting Estate of MacDonald (1990) 51 Cal.3d 262, 272 [272 Cal.Rptr. 153, 794 P.2d 911].) Here we are presented with such a clear expression, in the…

2Cases cited5 opinions

  1. Estate of MacDonaldCalifornia Supreme Court · 1990
  2. Martinez v. Scott Specialty Gases, Inc.California Court of Appeal · 2000
  3. In Re Marriage of StarkmanCalifornia Court of Appeal · 2005
  4. Gallio v. ConigliaroCalifornia Court of Appeal · 1995
  5. Cecconi v. Cecconi (In Re Cecconi)United States Bankruptcy Court, N.D. California · 2007

3Cited by4 opinions

  1. Brower v. MUFG Union Bank, N.A.District Court, N.D. California · 2020
  2. Marriage of Tascher & Aguilar CA4/1California Court of Appeal · 2020
  3. Marriage of WozniakCalifornia Court of Appeal · 2020
  4. Robert S. Brower, Sr. - Adversary ProceedingUnited States Bankruptcy Court, N.D. California · 2019

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