Legal Question in Family Law in California

. what is the difference between a post-nuptial agreement and transmutation agreement? What is the legal requirements of both? How do you attack them in court?


Asked on 4/23/12, 7:02 am

2 Answers from Attorneys

A transmutation agreement is one type of post-nuptial agreement. A post-nuptial agreement is any agreement affecting the Family Law rights of the spouses that is entered into after the marriage, as opposed to a prenuptial agreement entered into before the marriage. The requirements and how to attack such agreements depend on the nature and subject of the agreement, and could fill a book. So there is no way to answer without more specifics.

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Answered on 4/23/12, 12:35 pm
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

I would need more specifics in order to properly answer your question to determine possible grounds to attack any such agreement. I can tell you that transmutatiion means that there was an agreement to make what would normallly be separate property into community property. A post-nuptial agreement usually sets forth what is to be considered separate property, and what is to be considered community property. In addition, they will usually address support issues.

This sounds like a matter where you will need to retain counsel.

BARRY BESSER

www.besserlaw.com

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Answered on 4/23/12, 2:21 pm


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