1. San Jose Divorce Lawyer Advises Clients to Get It In Writing
In two recent California Family Law cases, that old cliché that “you better
get it in writing” (perhaps one of the most repeated pieces of legal advice
ever tendered) were borne out, yet again.
In In re Marriage of Holtemann (2008) 162 Cal.App.4th
1175, husband
executed a trust for estate planning purposes, which included a
Transmutation Agreement. The Transmutation Agreement stated clearly
that husband’s separate property was transmuted to community property.
The Court found that husband’s separate property was in fact transmuted to
community property, which probably causes you no surprise. Mr.
Holtemann was surprised. He had also included language in his trust that
the transmutation was conditional, only for estate planning purposes, and not
for purposes of a divorce. The Court found that by putting the clear
language of transmutation in his trust Mr. Holtemann had made a decision to
transmute his separate property into community property, and he could not
take it back, or place conditions on the transmutation.
In In re Marriage of Brooks & Robinson (2008) 169 Cal.App.4th
176,
husband signed a deed putting the family home in wife’s name at the time it
was first purchased. Only husband paid the mortgage payments, wife did
not pay a dime, ever. Wife ultimately moved out and without notice to
husband, sold the home out from under husband, keeping a check for
$41,851.03. Husband and the parties’ 7 year old child were evicted.
Divorce attorneys and the Courts usually follow the community money, and
if something was paid for with community property (here, husband’s wages
during marriage were community property) then the Court will presume that
it is community property. But Mr. Brooks had signed that deed when the
property was first purchased, and put the home in wife’s name alone. He put
it in writing, and he could not take the transmutation of community property
into separate property back.
These two recent California cases show that when the wife got what she
wanted, in writing, it was very helpful (conclusive, in fact) for wife. A good
divorce lawyer will advise you that whether you are dealing with prenuptial
agreements, child custody agreements, child support agreements, spousal
support agreements, attorney’s fees, marital settlement agreements, or other
issues related to Family Law, the party that has what they want in writing is
better off. That is why you need a good divorce lawyer, to get what you
want in writing, and to make sure that you use the right language in the
writing.

2. At the law offices of Thomas Chase Stutzman, A Professional Corporation
the Family Law Attorneys are constantly learning the new changes in the
law, so that you will be better informed regarding why you should get that
agreement with your spouse in writing.