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IN RE MARRIAGE OF BENSON

No. S122254.

32 Cal.Rptr.3d 471 (2005)

36 Cal.4th 1096

116 P.3d 1152

In re the MARRIAGE OF Diane L. and Douglas BENSON. Diane L. Benson, Appellant, v. Douglas Benson, Respondent.

Supreme Court of California

August 11, 2005.

Attorney(s) appearing for the Case

Ricks & Associates, Gary R. Ricks and Brigham J. Ricks, Santa Barbara, for Appellant.

Griffith & Thornburgh, John R. Rydell II and John C. Eck, Santa Barbara, for Respondent.

BAXTER, J.

Family Code section 852, subdivision (a)1 (section 852(a)) provides that a "transmutation," or an interspousal transaction changing the character of community or separate property (id. at § 850), "is not valid unless made in writing by an express declaration" approved by the adversely affected spouse. In Estate of MacDonald (1990) 51 Cal.3d...

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