VII. Transmutation by Postnuptial Agreement

§7.01 Right to Transfer Property

A husband or wife may enter into any transaction with the other respecting property that either spouse might enter if unmarried. [FC §721(a).]

Married persons may, with or without consideration, do any of the following [FC §850]:

• Transmute community property to separate property of either spouse.
• Transmute separate property of either spouse to community property.
• Transmute separate property of one spouse to separate property of the other spouse.

Such an agreement or transaction is sometimes called a postnuptial agreement.