In Re Marriage of
Campbell (1999) 77 C.A.4th 1058 involved a house owned by the husband prior to
marriage. Because the husband had little income during the first years of
marriage, the wife contributed money from her separate property to keep the
marriage afloat. She also contributed $34,000 to buy equipment for the
husband's business and $66,000 to remodel her husband's house. The wife claimed
that she relied on a promise to place her name on the title to the house. At
dissolution, she claimed an ownership interest in her husband's house claiming
fraudulent conduct. The husband claimed that oral transmutation from separate
to community properties is not allowed by Family Code 852 which requires a
written agreement. The wife claimed equitable estoppel as an exception to the
Statute of Frauds.
The Sonoma County
Superior Court ruled that the house was the separate property of the husband. The
court of appeal affirmed explaining that a writing is required for
transmutation (conversion) of separate property to community property and
extrinsic evidence could not be allowed. There must be a written agreement if
separate property is to become community property.
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