What is the test for a husband's right to make a gift of community property to his wife?
California, United States of America
The following excerpt is from James v. Pawsey, 162 Cal.App.2d 740, 328 P.2d 1023 (Cal. App. 1958):
[162 Cal.App.2d 749] 'Under our law there can be no doubt that a husband and wife may enter into a contract with respect to their property whereby one may release to the other all interest, both present and in expectancy. (Citations) In the case last cited [Kaltschmidt v. Weber, 145 Cal. 596, 79 P. 272] the following language is used: 'There can be no doubt that the husband may make a gift of the community property to the wife, and that the effect of such gift will be to transmute it into her separate estate. * * *''
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