Family Law Blog

What Does Transmutation Mean In Property Division

Thursday, October 25, 2018

people signing documents at a desk

Property division is perhaps one of the most time-consuming aspects of the divorce. You never know how much stuff you have until an event like divorce has you needing to split it up. As a community property state, those divorcing in California need to split all property evenly, and one of the primary ways of doing so is through transmutation.

The term transmutation is brought up when a couple is negotiating the fair and equal division of their shared assets. It refers to situations in which one party gets an item of significant net value in which they need to agree to give up several smaller items to match the value and keep the division equal. An example is if one spouse gets the house, they may have to give a car, some antiques, and several pieces of furniture in return to make up the value. Transmutation also refers to instances in which they take separate property and include it into the marital property. Why would anyone do this? It is the same as the instance above, the spouse would rather trade their separate property in return to retain a certain high-value item from the marital pool.

Essentially, transmutation is just a large trading game to get what you want. However, all divorce property division needs to have a certain amount of equality. This means you can't negotiate for a spouse to trade everything they have so they can keep one thing if all the items they traded exceeded the value of that one thing they really want.

If you are going through a divorce, then you want a good lawyer by your side. For help getting your fair share out of a divorce, contact us today. The Law Office of Jamra & Jamra can help make sure your divorce goes as smoothly as possible.