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.

Oklahoma 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 in a manner that is deemed fair and equitable by the court. Since Oklahoma does not follow community property laws, the concept of transmutation agreements, where separate property is converted to community property, is not applicable in the same way it is in community property states. However, Oklahoma law does allow spouses to enter into postnuptial agreements that can include provisions for the division of property and debts. These agreements must be in writing and signed by both parties. It's important to note that creditors are not bound by agreements between spouses regarding the responsibility for debts unless the creditor agrees in writing. For specific guidance on postnuptial agreements and handling of marital property and debts in Oklahoma, consulting with an attorney is recommended.