Under the law of some community property states, married persons may agree to convert some or all of their separate property to community property. Such an agreement may be referred to as an agreement to convert separate property to community property or as a transmutation agreement.

The legal character or nature of debts of married persons may also be changed by transmutation in some community property states—changing debts of the parties’ separate estates to debts of the community estate, or debts of the community estate to debts of the separate estates. But an agreement between married persons to change a community debt to the debt of one of the spouses separate estates may not be binding on the creditor—unless the creditor agrees in writing to only look to one spouse for satisfaction of the debt.

In community property states, the laws regarding the availability and scope of transmutation agreements vary from state to state. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.

Florida is not a community property state; it is an equitable distribution state. This means that during a divorce, marital property is not automatically split 50/50 but is divided in a manner that is equitable, or fair, which may not necessarily be equal. In community property states, property acquired during the marriage is considered owned jointly by both spouses and is divided equally upon divorce. However, since Florida does not follow community property laws, the concept of transmutation agreements to convert separate property to community property, or vice versa, does not apply in the same way. Instead, Florida law allows spouses to enter into postnuptial agreements that can include provisions on how property is to be classified or distributed. These agreements must be in writing, signed by both parties, and entered into voluntarily after full disclosure. As for debts, Florida courts will consider the nature of the debt and who incurred it when determining responsibility during a divorce. A creditor in Florida is not bound by an agreement between spouses to change the nature of a debt unless the creditor agrees in writing.