§7.09 Review Questions—Transmutation by Postnuptial Agreement

1. A signed writing that states that a spouse gives all of his or her interest in a parcel of real property to the other spouse is sufficient to transmute the property.

2. A spouse's fiduciary duty to the other spouse includes all the following except:

3. Diane filed for dissolution of marriage from Douglas in 2001. Diane is the beneficiary of an irrevocable trust established by her father. While married, the parties transferred complete ownership of their home to the trust. Douglas claims he conveyed his interest in the home after Diane orally promised to waive her community interest in Douglas's retirement accounts. The agreement was never memorialized in writing. Douglas's part performance serves as an adequate substitute for a written waiver of a community interest in the retirement accounts.

4. Steve and Linda were married in 1990. They lived in a house that Steve bought some years before, which he owned free and clear. Linda was a paralegal and handled all financial and legal matters for the couple. In 1995 they obtained a $25,000 bank loan to add a bedroom to the house. In connection with the loan application process, Steve executed a grant deed conveying the property to both spouses as joint tenants. They separated in 1999. Linda presents the grant deed and argues the house is community property. The presumption from the form of title governs and you should characterize the house as community property.