In re Marriage of Starkman

In In re Marriage of Starkman (2005) 129 Cal.App.4th 659, a husband with substantial separate property and his wife executed a revocable living trust, into which they transferred a substantial portion of their assets. The trust provided that "'any property transferred by either of them to the Trust . . . is the community property of both of them unless such property is identified as the separate property of either Settlor.'" (Id. at p. 662.) Subsequently, the husband executed stock brokerage transfer forms to convey certain of his separate property assets into the trust, designating the assets to be held by the husband and wife as trustees, but not describing the assets as either separate or community property. (Ibid.) On appeal, the court found the general provisions of the trust document were not sufficient to satisfy the requirement of an express written declaration reflecting an intent to transmute specific property from separate to community. (Id. at p. 663.)