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.
Wyoming is not a community property state; it is a common law property state. This means that the concept of community property, which is a legal regime used by some states to define the property ownership of married couples, does not apply in Wyoming. Instead, property acquired by one member of a married couple is typically considered that person's separate property unless it is placed in the names of both spouses or otherwise commingled. Consequently, the notion of transmutation agreements, where separate property is converted to community property or vice versa, is not applicable under Wyoming law. Debts incurred by one spouse are generally considered the responsibility of that spouse alone, unless they are for family necessities, in which case both spouses may be responsible. Since Wyoming does not recognize community property, there are no state statutes or family codes within the state that govern the conversion of separate property to community property or the transmutation of debts as described in community property states.