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.

Kansas 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 rather divided equitably, which may not necessarily be equal, based on a variety of factors the court considers. Since Kansas does not follow community property laws, the concept of transmutation agreements, where separate property is converted to community property, does not apply in the same way it does in community property states. Debts in Kansas are also divided equitably upon divorce, and any agreement to change the nature of the debts would be subject to Kansas's equitable distribution laws rather than community property laws. Creditors' rights are typically determined by the contract with the creditor and applicable state law, and any change in the responsibility for a debt would likely require the creditor's consent.