{"code":"FAM","codeName":"Family Code","section":"853","citation":"Fam. Code, § 853","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700. - 1620.]","url":"https://blackletter.si/family-code/division-4"},{"name":"PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760. - 853.]","url":"https://blackletter.si/family-code/division-4/part-2"},{"name":"CHAPTER 5. Transmutation of Property [850. - 853.]","url":"https://blackletter.si/family-code/division-4/part-2/chapter-5"}],"history":"Amended by Stats. 1993, Ch. 219, Sec. 100.   Effective January 1, 1994.","effective":"1994-01-01","html":"<p>(a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will.</p><p>(b) A waiver of a right to a joint and survivor annuity or survivor’s benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not a transmutation of the community property rights of the person executing the waiver.</p><p>(c) A written joinder or written consent to a nonprobate transfer of community property on death that satisfies Section <a href=\"/fam/852\">852</a> is a transmutation and is governed by the law applicable to transmutations and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division 5 of the Probate Code.</p>","text":"(a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will. (b) A waiver of a right to a joint and survivor annuity or survivor’s benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not a transmutation of the community property rights of the person executing the waiver. (c) A written joinder or written consent to a nonprobate transfer of community property on death that satisfies Section 852 is a transmutation and is governed by the law applicable to transmutations and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division 5 of the Probate Code.","otherVersions":[],"url":"https://blackletter.si/family-code/transmutation-of-property-853","source":"California Legislative Information bulk export (pubinfo)"}