§7.02 Writing Requirement

A valid transmutation of real or personal property must be in the form of an express, written declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected. [FC §852(a).]

An "express declaration" signed by an adversely affected spouse must contain language that expressly states that the characterization or ownership of property is being changed, independent of any extrinsic evidence. Use of the term "transmutation," however, is not required. A provision that the grantor gives any interest he or she may hold in the asset to the grantee is sufficient. [Estate of MacDonald (1990) 51 C3d 262, 272–273.]

Oral evidence of an equitable estoppel is not admissible to establish the transmutation of property. [Marriage of Campbell (1999) 74 CA4th 1058, 1062–1063.]