Estate of Bibb
California Court of Appeal
87 Cal.App.4th 461 (2001)
Everett Bibb owned Berkeley property from his first marriage to Ethel (mother of Dozier, plaintiff) before marrying Evelyn (defendant) in 1992; he also bought a Rolls Royce while dating Evelyn, later registered to both of them via an unsigned DMV form after their marriage. In 1994, needing Evelyn's credit to secure a loan against the Berkeley property, Everett signed a grant deed conveying it to himself and Evelyn as joint tenants. Everett died intestate in 1995; Evelyn then registered the car solely in her name and put the Berkeley property title in her name as well. Dozier petitioned to have both assets declared part of Everett's estate, arguing his separate property was never legally transmuted into community property; the trial court denied the petition, and Dozier appealed.
Whether, under California law, a written declaration of intent to change the character of property is required to successfully transmute separate property into community property.