Agreement to Convert Separate Property to Community Property

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This Agreement to Convert Separate Property to Community Property is designed for a couple who desire to define their property rights.

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This Agreement to Convert Separate Property to Community Property is between a husband and wife who desire to define property rights and, in some instances, alter the legal designation of property in the case of divorce.

This agreement sets forth that both parties sought the advice of independent counsel prior to signing this agreement. This agreement also specifies that both parties have made complete property disclosures and completed a detailed list of property, owned by husband and wife, which are now converted to community, rather than separate, property.

This Agreement to Convert Separate Property to Community Property includes:
  • Parties: Sets forth the names and addresses of the husband and wife;
  • Intent: This agreement will convert all, or a portion, of separate property owned by the parties to community property;
  • Children: Sets forth the names of all children of both parties;
  • Representation: Both parties sought and obtained advice from independent counsel before signing this agreement;
  • Records: Parties agree to keep accurate records of their property (for use when the parties are retaining some separate property);
  • Term: This agreement will automatically terminate if the marriage is terminated;
  • Notice: Notice that this agreement changes separate property to community property which may have adverse consequences during the marriage or if the parties divorce or a spouse dies;
  • Signatures: Both husband and wife must sign this agreement.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Agreement to Convert Separate Property to Community Property
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement to Convert Separate Property
to Community Property

 

________________[Name of husband] (referred to in this agreement as Husband”) and________________ [name of wife] (referred to in this agreement as Wife”) are married to each other, reside at________________ [address], and enter into this agreement in the City of _____________________[name of city], County of ______________[name of county], State of _____________ [state].
 
1.  INTENT TO DEFINE PROPERTY RIGHTS
1.01. The parties intend by this agreement to convert [all or a portion of] the separate property that [Husband or Wife or Husband and Wife] now own[s] or might hereafter acquire, so that both parties will own [all or that portion of] their property as community property. [The parties intend to avoid the future accumulation of any separate property.]
 
2.  RECITALS
Existing Minor Children
2.01. Wife is the mother of________________ [name(s) of minor child(ren)], who [is or are] not the child[ren] of Husband.
2.02. Husband is the father of________________ [name(s) of minor child(ren)], who [is or are] not the child[ren] of Wife.
2.03. The parties are the parents of________________ [name(s) of minor child(ren)].
 
Disclosure of Property
2.04. The parties are satisfied that each has made complete disclosure of the nature, extent, and probable value of all of his or her separate real and personal property as well as complete disclosure of the nature and extent of his or her separate financial obligations.
 
Representation by Independent Counsel
2.05. The parties make this agreement freely and voluntarily. Wife acknowledges that she was represented by ________________ [name of attorney], that she has read this agreement, and that her counsel has explained to her the meaning and legal consequences of this agreement. Husband acknowledges that he was represented by ________________ [name of attorney], that he has read this agreement, and that his counsel has explained to him the meaning and legal consequences of this agreement.
3.  CONVERSION OF PROPERTY
3.01. The following separate property of Husband is converted to community property:________________ [describe]. The following separate property of Wife is converted to community property:________________ [describe].
 
[Optional]
3.02. All property acquired in the future that would otherwise be separate property by operation of law is considered to be converted to community property.
 
Out-of-State Property
3.03. The parties [now own and] may in the future acquire property located outside ____________ [state]. To the extent that the laws of other jurisdictions may require the execution or recordation of additional documents in order to fulfill the purposes of this agreement, each party will, on request by the other, execute, acknowledge, and record such documents. To the extent permitted by the laws of any other jurisdiction in which they may subsequently acquire property, the parties waive any rights that either of them may have or acquire with regard to the separate property of the other, and the parties will execute any documents that are reasonably requested from time to time to effectuate this provision.
 
Liabilities
3.04. All of the liabilities and obligations of each party existing at the execution of this agreement as well as all contractual liabilities of each party that are incurred or arise after the execution of this agreement shall be enforceable against and discharged from the parties' community property.
 
Property Management
3.05. [Each party will have sole management, control, and disposition of the community property in his or her name or transferred by that party. Both parties will have joint management, control, and disposition of the community property held in the names of both parties or that was owned by both parties prior to the execution of this agreement or specify other allocation of management powers as desired.]
[Include if parties are retaining some separate property]
 
Recordkeeping
3.06. The parties will keep accurate records of their respective separate estates.
 
Agreement to Join in Execution of Other Documents
3.07. Each party will, at the request of the other party or his or her personal representative, willingly execute, deliver, and properly acknowledge any additional documents, including deeds, that may be required to carry out the parties' intentions and the purposes of this agreement.
 
Invalid Provisions
3.08. If any provision of this agreement is held invalid to any extent for any reason, that will not affect the validity of the other provisions of this agreement. If one of the parties sues to set aside all or part of this agreement, that party shall pay all of the costs of suit (including attorney's fees, expert fees, and costs of court) for both parties, unless the court sets aside this agreement on the basis that one of the parties, with intent to defraud the other, made a material omission or misstatement in his or her disclosure of the legal effect of converting the property to community property, in which case the party guilty of such intentional misrepresentation shall bear all of the costs of litigation.
 
Term of Agreement
3.09. This agreement will terminate automatically when the marriage is terminated, whether by divorce or death, or annulled. The parties reserve the right to terminate this agreement by written agreement at any time.
 
Binding Effect
3.10. This agreement will bind the heirs, personal representatives, successors, and assigns of the parties. The parties make this agreement solely for their own benefit and do not intend for this agreement to inure to the benefit of any other person.
 
Entire Agreement; Modification
3.11. This agreement constitutes the entire agreement between the parties respecting the subjects to which it relates. Any oral representations or modifications made before or after the execution of this agreement will be of no force or effect, provided, however, that this agreement may be altered or amended in the future by written agreement specifically referring to this agreement.
 
Governing Law
3.12. This agreement shall be governed by the law of the State of ____________ [state].
 
NOTICE
This instrument changes separate property to community property. This may have adverse consequences during marriage and on termination of the marriage by death or divorce. For example:
Exposure to creditors. If you sign this agreement, all or part of the separate property being converted to community property may become subject to the liabilities of your spouse. If you do not sign this agreement, your separate property is generally not subject to the liabilities of your spouse unless you are personally liable under another rule of law.
Loss of management rights. If you sign this agreement, all or part of the separate property being converted to community property may become subject to either the joint management, control, and disposition of you and your spouse or the sole management, control, and disposition of your spouse alone. In that event, you will lose your management rights over the property. If you do not sign this agreement, you will generally retain those rights.
Loss of property ownership. If you sign this agreement and your marriage is subsequently terminated by the death of either spouse or by divorce, all or part of the separate property being converted to community property may become the sole property of your spouse or your spouse's heirs. If you do not sign this agreement, you generally cannot be deprived of ownership of your separate property on termination of your marriage, whether by death or divorce.
 
HUSBAND                  WIFE
 
 
___________________________________      ___________________________________
 
Date: ______________________________      Date: ______________________________
 
 
 
 
 
 
 
 
 
 
Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43676
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement to Convert Separate Property
to Community Property

 

________________[Name of husband] (referred to in this agreement as Husband”) and________________ [name of wife] (referred to in this agreement as Wife”) are married to each other, reside at________________ [address], and enter into this agreement in the City of _____________________[name of city], County of ______________[name of county], State of _____________ [state].
 
1.  INTENT TO DEFINE PROPERTY RIGHTS
1.01. The parties intend by this agreement to convert [all or a portion of] the separate property that [Husband or Wife or Husband and Wife] now own[s] or might hereafter acquire, so that both parties will own [all or that portion of] their property as community property. [The parties intend to avoid the future accumulation of any separate property.]
 
2.  RECITALS
Existing Minor Children
2.01. Wife is the mother of________________ [name(s) of minor child(ren)], who [is or are] not the child[ren] of Husband.
2.02. Husband is the father of________________ [name(s) of minor child(ren)], who [is or are] not the child[ren] of Wife.
2.03. The parties are the parents of________________ [name(s) of minor child(ren)].
 
Disclosure of Property
2.04. The parties are satisfied that each has made complete disclosure of the nature, extent, and probable value of all of his or her separate real and personal property as well as complete disclosure of the nature and extent of his or her separate financial obligations.
 
Representation by Independent Counsel
2.05. The parties make this agreement freely and voluntarily. Wife acknowledges that she was represented by ________________ [name of attorney], that she has read this agreement, and that her counsel has explained to her the meaning and legal consequences of this agreement. Husband acknowledges that he was represented by ________________ [name of attorney], that he has read this agreement, and that his counsel has explained to him the meaning and legal consequences of this agreement.
3.  CONVERSION OF PROPERTY
3.01. The following separate property of Husband is converted to community property:________________ [describe]. The following separate property of Wife is converted to community property:________________ [describe].
 
[Optional]
3.02. All property acquired in the future that would otherwise be separate property by operation of law is considered to be converted to community property.
 
Out-of-State Property
3.03. The parties [now own and] may in the future acquire property located outside ____________ [state]. To the extent that the laws of other jurisdictions may require the execution or recordation of additional documents in order to fulfill the purposes of this agreement, each party will, on request by the other, execute, acknowledge, and record such documents. To the extent permitted by the laws of any other jurisdiction in which they may subsequently acquire property, the parties waive any rights that either of them may have or acquire with regard to the separate property of the other, and the parties will execute any documents that are reasonably requested from time to time to effectuate this provision.
 
Liabilities
3.04. All of the liabilities and obligations of each party existing at the execution of this agreement as well as all contractual liabilities of each party that are incurred or arise after the execution of this agreement shall be enforceable against and discharged from the parties' community property.
 
Property Management
3.05. [Each party will have sole management, control, and disposition of the community property in his or her name or transferred by that party. Both parties will have joint management, control, and disposition of the community property held in the names of both parties or that was owned by both parties prior to the execution of this agreement or specify other allocation of management powers as desired.]
[Include if parties are retaining some separate property]
 
Recordkeeping
3.06. The parties will keep accurate records of their respective separate estates.
 
Agreement to Join in Execution of Other Documents
3.07. Each party will, at the request of the other party or his or her personal representative, willingly execute, deliver, and properly acknowledge any additional documents, including deeds, that may be required to carry out the parties' intentions and the purposes of this agreement.
 
Invalid Provisions
3.08. If any provision of this agreement is held invalid to any extent for any reason, that will not affect the validity of the other provisions of this agreement. If one of the parties sues to set aside all or part of this agreement, that party shall pay all of the costs of suit (including attorney's fees, expert fees, and costs of court) for both parties, unless the court sets aside this agreement on the basis that one of the parties, with intent to defraud the other, made a material omission or misstatement in his or her disclosure of the legal effect of converting the property to community property, in which case the party guilty of such intentional misrepresentation shall bear all of the costs of litigation.
 
Term of Agreement
3.09. This agreement will terminate automatically when the marriage is terminated, whether by divorce or death, or annulled. The parties reserve the right to terminate this agreement by written agreement at any time.
 
Binding Effect
3.10. This agreement will bind the heirs, personal representatives, successors, and assigns of the parties. The parties make this agreement solely for their own benefit and do not intend for this agreement to inure to the benefit of any other person.
 
Entire Agreement; Modification
3.11. This agreement constitutes the entire agreement between the parties respecting the subjects to which it relates. Any oral representations or modifications made before or after the execution of this agreement will be of no force or effect, provided, however, that this agreement may be altered or amended in the future by written agreement specifically referring to this agreement.
 
Governing Law
3.12. This agreement shall be governed by the law of the State of ____________ [state].
 
NOTICE
This instrument changes separate property to community property. This may have adverse consequences during marriage and on termination of the marriage by death or divorce. For example:
Exposure to creditors. If you sign this agreement, all or part of the separate property being converted to community property may become subject to the liabilities of your spouse. If you do not sign this agreement, your separate property is generally not subject to the liabilities of your spouse unless you are personally liable under another rule of law.
Loss of management rights. If you sign this agreement, all or part of the separate property being converted to community property may become subject to either the joint management, control, and disposition of you and your spouse or the sole management, control, and disposition of your spouse alone. In that event, you will lose your management rights over the property. If you do not sign this agreement, you will generally retain those rights.
Loss of property ownership. If you sign this agreement and your marriage is subsequently terminated by the death of either spouse or by divorce, all or part of the separate property being converted to community property may become the sole property of your spouse or your spouse's heirs. If you do not sign this agreement, you generally cannot be deprived of ownership of your separate property on termination of your marriage, whether by death or divorce.
 
HUSBAND                  WIFE
 
 
___________________________________      ___________________________________
 
Date: ______________________________      Date: ______________________________
 
 
 
 
 
 
 
 
 
 

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