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Classifications of property may be altered by agreements between the spouses or by unilateral waiver.

Antenuptial Agreements: By law, contracts made before marriage affecting marital rights must be in writing and can be amended or revoked only in writing. Unwritten transmutations are prohibited. One sided antenuptial agreements are valid because they are based on the consideration of marriage. But such a contract may not promote divorce. There is no precise definition of just what terms in a contract promote divorce. The unconscionability of a contract will not void it if there was full disclosure of the material and pertinent facts to the weaker spouse. No contract can waive support obligations. The UPAA (Uniform Premarital Agreement Act) allows waiver of spousal support to the point the other spouse is dependent on welfare but California eliminated that provision when enacting its statutes. Surprisingly the law allows H and W to waive support on an agreement to live separate and apart, but an antenuptial contract waiving the right to support is void.

Marriage Transmutations: Transmutations of property ownership during marriage can occur by contract or gift. Transmutations that are not contractual and not gifts are also recognized. A spouse can ...

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