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.

Georgia 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 equitably (fairly) as determined by the court. The concept of community property, transmutation agreements, or converting separate property to community property does not apply in the same way as it does in community property states. In Georgia, spouses may enter into agreements regarding their property, such as prenuptial or postnuptial agreements, which can include stipulations about how property is to be treated upon divorce. However, these agreements are subject to Georgia's equitable distribution laws and must be made in writing and executed with the formalities required for a contract to be enforceable. As for debts, spouses in Georgia can agree on how to allocate their debts, but such an agreement may not be binding on creditors unless the creditor agrees in writing. It's important for individuals in Georgia to consult with an attorney to understand how state statutes and case law would apply to their specific circumstances regarding property and debt division in a marriage.