PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760. - 853.]

Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 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…