Transmutation
The legal conversion of separate property into marital property, or vice versa, through the actions of the spouses.
Understanding Transmutation
Transmutation occurs when the character of property changes — for example, when one spouse adds the other to the title of a premarital home, or when an inheritance is deposited into a joint account. Some states require a written agreement for transmutation, while others recognize it through conduct. Proving transmutation can be critical in property division disputes, especially for high-value assets like real estate or business interests.
Real-World Examples
By adding her husband to the deed of her premarital home, she effectively transmuted it into marital property.
Related Terms
Assets or debts that belong to one spouse individually and are generally not subject to division in divorce.
ComminglingMixing separate property with marital property in a way that makes it difficult or impossible to distinguish between the two. Commingled assets may be treated as marital property.
Marital PropertyAll assets and debts acquired by either spouse during the marriage, which are subject to division in divorce.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.