California Court of Appeal

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In re Marriage of Holtemann, B203089

In a dispute about the legal effect of a spousal property transmutation agreement executed during marriage, judgment finding the underlying agreement effectuated a transmutation of husband's separate property into community property is affirmed where: 1) the unambiguous language in the parties' agreement evinced that the husband intended to, and did transmute his separate property; 2) nothing in the record suggested that the husband was misinformed or misled in light of the requisite express, unequivocal declarations of transmutations; and 3) his arguments for disparate treatment of his express declarations of transmutation based on his lack of separate counsel were unavailing, as he was fully advised of the consequences of failing to secure separate counsel, yet chose to proceed.

Appellate Information

  • Decided 05/12/2008
  • Published 05/12/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Bernard N. Wolf, Bernard N. Wolf, San Francisco;  Ginny A. Browne, Pismo Beach, for Appellant.

  • For Appellees:
  • Robert H. Mott, San Luis Obispo, for Respondent.
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