Anderson v. Anderson

Springer, J., with whom Rose, J., agrees,

concurring in the judgment:

The issue in this case is whether NRS 123.220 requires a writing in order for married parties to “transmute” community property to separate property. Although we have intimated (see Schreiber and Verheyden, below) that a writing is required, it is not; and we should take this opportunity to say so.

In past cases we have enforced oral transmutation of community property on collateral grounds — estoppel and part performance. See Schreiber v. Schreiber, 99 Nev. 453, 663 P.2d 1189 (1983). In Schreiber, the parties “orally agreed…