VI. Transmutation by Premarital Agreement

§6.01 Right to Enter Premarital Agreement

The property rights of husband and wife prescribed by statute may be altered or "transmuted" by a premarital agreement or other marital property agreement. [FC §1500.] Thus, property characterized as community can be transmuted to separate and vice versa.

The Uniform Premarital Agreement Act [FC §§1600 et seq.] applies to any premarital agreement executed on or after January 1, 1986. [FC §1601.] You may bifurcate the issue of whether a premarital agreement is valid if it will help simplify the determination of other matters. [CRC 5.175(c); see the online course Calendar Management in Family Court, §6.02.]