pjc-family-2024-lib

PJC 207.5

E NFORCEABILITY OF P ROPERTY A GREEMENTS

PJC 207.5 Enforceability of Agreement to Convert Separate Property to Community Property PJC 207.5A Enforceability of Agreement to Convert Separate Property to Community Property—Definition At any time, spouses may agree that all or part of the separate property owned by either or both of them is converted to community property. Such an agreement must— 1. be in writing, and 2. be signed by both spouses, and 3. identify the property being converted, and 4. specify that the property is being converted to the spouses’ commu nity property. PJC 207.5B Enforceability of Agreement to Convert Separate Property to Community Property—Voluntariness An agreement to convert separate property to community property is unen forceable if the spouse against whom enforcement is sought proves that he or she did not execute the agreement voluntarily. PJC 207.5C Enforceability of Agreement to Convert Separate Property to Community Property—Disclosure An agreement to convert separate property to community property is unen forceable if the spouse against whom enforcement is sought proves that he or she did not receive a fair and reasonable disclosure of the legal effect of con verting the property to community property. PJC 207.5D Enforceability of Agreement to Convert Separate Property to Community Property—Question QUESTION 1 Is the agreement to convert separate property to community property unen forceable? Answer “Yes” or “No.”

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