§ 853. — 853. (Amended by Stats. 1993, Ch. 219, Sec. 100.)

California § 853.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 4.: DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE
• Part 2.: PART 2. CHARACTERIZATION OF MARITAL PROPERTY
• Ch. 5.: CHAPTER 5. Transmutation of Property

Text

(a)
A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will.
(b)
A waiver of a right to a joint and survivor annuity or survivor’s benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not a transmutation of the community property rights of the person executing the waiver.
(c)
A written joinder or written consent to a nonprobate transfer of community property on death that satisfies Section 852 is a transmutation and is governed by the law applicable to transmutations and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division 5 of the Probate Code.

Legislative History

Amended by Stats. 1993, Ch. 219, Sec. 100. Effective January 1, 1994.