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.
In Louisiana, which is a community property state, married couples can enter into agreements to change the character of their property from separate to community property, known as transmutation agreements. These agreements allow spouses to reclassify the ownership of their assets. Louisiana law, specifically under the Louisiana Civil Code, provides for the ability to make such agreements, but they must be in writing and meet certain formal requirements to be valid. Additionally, spouses can agree to change the nature of debts from separate to community or vice versa. However, it's important to note that such an agreement to reclassify a community debt to a separate debt of one spouse may not be enforceable against creditors unless the creditor consents in writing. Creditors are generally allowed to pursue repayment from community property regardless of any agreement between spouses. It is advisable for spouses considering a transmutation agreement to consult with an attorney to ensure that the agreement is properly executed and to understand the implications for both property and debt.