IN RE MARRIAGE OF STARKMAN

No. B178371.

28 Cal.Rptr.3d 639 (2005)

129 Cal.App.4th 659

In re MARRIAGE OF Christine and Christopher STARKMAN. Christine Starkman, Appellant, v. Christopher Starkman, Respondent.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing June 15, 2005.

Review Denied August 10, 2005.


Attorney(s) appearing for the Case

Ferguson, Case, Orr, Paterson & Cunningham, Gregory W. Herring and Sandra M. Robertson, Ventura, for Appellant.

Bernard N. Wolf, San Francisco, and Daniel L. Helbert for Respondent.


GILBERT, J.

As part of their estate plan a husband and wife establish a revocable trust into which husband transfers all of his separate property. A paragraph in the trust agreement provides that the property transferred to the trust is community property unless husband or wife as transferor identifies it as separate property. Husband does not so identify the property.

Here we hold that the clause is insufficient to create a transmutation of husband's separate...

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