BlackletterCalifornia law

DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700. - 1620.]

Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 700–1620 · 58 sections

  1. PART 1. GENERAL PROVISIONS §§ 700–755 · 9 sections
    1. CHAPTER 1. Definitions § 700 · 1 section
      • § 700 For the purposes of this division, a leasehold interest in real property is real property, not personal property.
    2. CHAPTER 2. Relation of Spouses §§ 720–721 · 2 sections
      • § 720 Spouses contract toward each other obligations of mutual respect, fidelity, and support.
      • § 721 (a) Subject to subdivision (b), either spouse may enter into any transaction with the other, or with any other person, respecting property, which either might…
    3. CHAPTER 3. Property Rights During Marriage §§ 750–755 · 6 sections
      • § 750 Spouses may hold property as joint tenants or tenants in common, or as community property, or as community property with a right of survivorship.
      • § 751 The respective interests of each spouse in community property during continuance of the marriage relation are present, existing, and equal interests.
      • § 752 Except as otherwise provided by statute, neither spouse has any interest in the separate property of the other.
      • § 753 Notwithstanding Section 752 and except as provided in Article 2 (commencing with Section 2045), Article 3 (commencing with Section 2047), or Article 4…
      • § 754 If notice of the pendency of a proceeding for dissolution of the marriage, for nullity of the marriage, or for legal separation of the parties is recorded in…
      • § 755 (a) The terms “participant,” “beneficiary,” “employer,” “employee organization,” “named fiduciary,” “fiduciary,” and “administrator,” as used in subdivision…
  2. PART 2. CHARACTERIZATION OF MARITAL PROPERTY §§ 760–853 · 16 sections
    1. CHAPTER 1. Community Property §§ 760–761 · 2 sections
      • § 760 Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in…
      • § 761 (a) Unless the trust instrument or the instrument of transfer expressly provides otherwise, community property that is transferred in trust remains community…
    2. CHAPTER 2. Separate Property §§ 770–772 · 3 sections
      • § 770 (a) Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the…
      • § 771 (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, after the date of separation of the…
      • § 772 After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the…
    3. CHAPTER 3. Damages for Injuries to Married Person §§ 780–783 · 5 sections
      • § 780 Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a…
      • § 781 (a) Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an…
      • § 782 (a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the person’s spouse, the community…
      • § 782.5 In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to subdivision…
      • § 783 If a married person is injured by the negligent or wrongful act or omission of a person other than the married person’s spouse, the fact that the negligent or…
    4. CHAPTER 4. Presumptions Concerning Nature of Property §§ 802–803 · 2 sections
      • § 802 The presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by a…
      • § 803 Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before…
    5. CHAPTER 5. Transmutation of Property §§ 850–853 · 4 sections
      • § 850 Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following: (a) Transmute…
      • § 851 A transmutation is subject to the laws governing fraudulent transfers.
      • § 852 (a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or…
      • § 853 (a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the…
  3. PART 3. LIABILITY OF MARITAL PROPERTY §§ 900–1000 · 14 sections
    1. CHAPTER 1. Definitions §§ 900–903 · 3 sections
      • § 900 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
      • § 902 “Debt” means an obligation incurred by a married person before or during marriage, whether based on contract, tort, or otherwise.
      • § 903 A debt is “incurred” at the following time: (a) In the case of a contract, at the time the contract is made. (b) In the case of a tort, at the time the tort…
    2. CHAPTER 2. General Rules of Liability §§ 910–916 · 7 sections
      • § 910 (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage,…
      • § 911 (a) The earnings of a married person during marriage are not liable for a debt incurred by the person’s spouse before marriage. After the earnings of the…
      • § 912 For the purposes of this part, quasi-community property is liable to the same extent, and shall be treated the same in all other respects, as community…
      • § 913 (a) The separate property of a married person is liable for a debt incurred by the person before or during marriage. (b) Except as otherwise provided by…
      • § 914 (a) Notwithstanding Section 913, a married person is personally liable for the following debts incurred by the person’s spouse during marriage: (1) A debt…
      • § 915 (a) For the purpose of this part, a child or spousal support obligation of a married person that does not arise out of the marriage shall be treated as a debt…
      • § 916 (a) Notwithstanding any other provision of this chapter, after division of community and quasi-community property pursuant to Division 7 (commencing with…
    3. CHAPTER 3. Reimbursement § 920 · 1 section
      • § 920 A right of reimbursement provided by this part is subject to the following provisions: (a) The right arises regardless of which spouse applies the property to…
    4. CHAPTER 4. Transitional Provisions §§ 930–931 · 2 sections
      • § 930 Except as otherwise provided by statute, this part governs the liability of separate property and property in the community estate and the personal liability…
      • § 931 The provisions of this part that govern reimbursement apply to all debts, regardless of whether satisfied before, on, or after January 1, 1985.
    5. CHAPTER 5. Liability for Death or Injury § 1000 · 1 section
      • § 1000 (a) A married person is not liable for any injury or damage caused by the other spouse except in cases where the married person would be liable therefor if the…
  4. PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY §§ 1100–1103 · 4 sections
    • § 1100 (a) Except as provided in subdivisions (b), (c), and (d) and Sections 761 and 1103, either spouse has the management and control of the community personal…
    • § 1101 (a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse’s present undivided…
    • § 1102 (a) Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to, or on…
    • § 1103 (a) Where one or both of the spouses either has a conservator of the estate or lacks legal capacity to manage and control community property, the procedure for…
  5. PART 5. MARITAL AGREEMENTS §§ 1500–1620 · 15 sections
    1. CHAPTER 1. General Provisions §§ 1500–1503 · 4 sections
      • § 1500 The property rights of spouses prescribed by statute may be altered by a premarital agreement or other marital property agreement.
      • § 1501 A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated, is otherwise capable of contracting marriage…
      • § 1502 (a) A premarital agreement or other marital property agreement that is executed and acknowledged or proved in the manner that a grant of real property is…
      • § 1503 Nothing in this chapter affects the validity or effect of premarital agreements made before January 1, 1986, and the validity and effect of those agreements…
    2. CHAPTER 2. Uniform Premarital Agreement Act §§ 1600–1617 · 10 sections
      1. ARTICLE 1. Preliminary Provisions §§ 1600–1601 · 2 sections
        • § 1600 This chapter may be cited as the Uniform Premarital Agreement Act.
        • § 1601 This chapter is effective on and after January 1, 1986, and applies to any premarital agreement executed on or after that date.
      2. ARTICLE 2. Premarital Agreements §§ 1610–1617 · 8 sections
        • § 1610 As used in this chapter: (a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon…
        • § 1611 A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
        • § 1612 (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the…
        • § 1613 A premarital agreement becomes effective upon marriage.
        • § 1614 After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is…
        • § 1615 (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not execute…
        • § 1616 If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid…
        • § 1617 Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to…
    3. CHAPTER 3. Agreements Between Spouses § 1620 · 1 section
      • § 1620 Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property.