(a) Except as provided in subdivision (b), a spouse‘s written consent to a provision for a nonprobate transfer of community property on death is not a transmutation of the consenting spouse’s interest in the property.

(b) This chapter does not apply to a spouse’s written consent to a provision for a nonprobate transfer of community property on death that satisfies § 852 of the Family Code. Such a consent is a transmutation and is governed by the law applicable to transmutations.

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Terms Used In California Probate Code 5022

  • Community property: means :

    California Probate Code 28

  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72

(Amended by Stats. 1993, Ch. 219, Sec. 224.3. Effective January 1, 1994.)

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