reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 1 - General Provisions › Section 511.

511. (a) Except as provided in subdivision (b), the county clerk shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records which shall not be open to public inspection except upon order of the court issued upon a showing of good cause. The confidential marriage license is a confidential record and not open to public inspection without an order from the court.
(b) The county clerk shall keep all original certificates of confidential marriages for one year from the date of filing. After one year, the clerk may reproduce the certificates pursuant to Section 26205 of the Government Code, and dispose of the original certificates. The county clerk shall promptly seal and store at least one original negative of each microphotographic film made in a manner and place as reasonable to ensure its preservation indefinitely against loss, theft, defacement, or destruction. The microphotograph shall be made in a manner that complies with the minimum standards or guidelines, or both, recommended by the American National Standards Institute or the Association for Information and Image Management. Every reproduction shall be deemed and considered an original. A certified copy of any reproduction shall be deemed and considered a certified copy of the original.
(c) The county clerk may conduct a search for a confidential marriage certificate for the purpose of confirming the existence of a marriage, but the date of the marriage and any other information contained in the certificate shall not be disclosed except upon order of the court.
(d) The county clerk shall, not less than quarterly, transmit copies of all original confidential marriage certificates retained, or originals of reproduced confidential marriage certificates filed after January 1, 1982, to the State Registrar of Vital Statistics. The registrar may destroy the copies so transmitted after they have been indexed. The registrar may respond to an inquiry as to the existence of a marriage performed pursuant to this chapter, but shall not disclose the date of the marriage.
(Amended by Stats. 2006, Ch. 816, Sec. 31. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 530.

530. (a) No notary public shall issue a confidential marriage license pursuant to this part unless the notary public is approved by the county clerk to issue confidential marriage licenses pursuant to this chapter.
(b) A violation of subdivision (a) is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or six months in jail.
(Amended by Stats. 2006, Ch. 816, Sec. 32. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 531.

531. (a) An application for approval to authorize confidential marriages pursuant to this part shall be submitted to the county clerk in the county in which the notary public who is applying for the approval resides. The county clerk shall exercise reasonable discretion as to whether to approve applications.
(b) The application shall include all of the following:
(1) The full name of the applicant.
(2) The date of birth of the applicant.
(3) The applicant’s current residential address and telephone number.
(4) The address and telephone number of the place where the applicant will issue confidential marriage licenses.
(5) The full name of the applicant’s employer if the applicant is employed by another person.
(6) Whether or not the applicant has engaged in any of the acts specified in Section 8214.1 of the Government Code.
(c) The application shall be accompanied by the fee provided for in Section 536.
(Amended by Stats. 2006, Ch. 816, Sec. 33. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 532.

532. No approval, or renewal of the approval, shall be granted pursuant to this chapter unless the notary public shows evidence of successful completion of a course of instruction concerning the issuance of confidential marriage licenses that was conducted by the county clerk in the county of registration. The course of instruction shall not exceed six hours in duration.
(Amended by Stats. 2006, Ch. 816, Sec. 34. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 533.

533. An approval to issue confidential marriage licenses pursuant to this chapter is valid for one year. The approval may be renewed for additional one-year periods provided the following conditions are met:
(a) The applicant has not violated any of the provisions provided for in Section 531.
(b) The applicant has successfully completed the course prescribed in Section 532.
(c) The applicant has paid the renewal fee provided for in Section 536.
(Amended by Stats. 2006, Ch. 816, Sec. 35. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 534.

534. (a) The county clerk shall maintain a list of the notaries public who are approved to issue confidential marriage licenses. The list shall be available for inspection by the public.
(b) It is the responsibility of a notary public approved to issue confidential marriage licenses pursuant to this chapter to keep current the information required in paragraphs (1), (3), (4), and (5) of subdivision (b) of Section 531. This information shall be used by the county clerk to update the list required to be maintained by this section.
(Amended by Stats. 2006, Ch. 816, Sec. 36. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 535.

535. (a) If, after an approval to issue confidential marriage licenses is granted pursuant to this chapter, it is discovered that the notary public has engaged in any of the actions specified in Section 8214.1 of the Government Code, the approval shall be revoked, and the county clerk shall notify the Secretary of State for whatever action the Secretary of State deems appropriate. Any fees paid by the notary public shall be retained by the county clerk.
(b) If a notary public who is approved to authorize confidential marriages pursuant to this chapter is alleged to have violated a provision of this division, the county clerk shall conduct a hearing to determine if the approval of the notary public should be suspended or revoked. The notary public may present any evidence as is necessary in the notary public’s defense. If the county clerk determines that the notary public has violated a provision of this division, the county clerk may place the notary public on probation or suspend or revoke the notary public’s registration, and any fees paid by the notary public shall be retained by the county clerk. The county clerk shall report the findings of the hearing to the Secretary of State for whatever action the Secretary of State deems appropriate.
(Amended by Stats. 2006, Ch. 816, Sec. 37. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 4 - CONFIDENTIAL MARRIAGE › CHAPTER 2 - Approval of Notaries to Authorize Confidential Marriages › Section 536.

536. (a) The fee for an application for approval to authorize confidential marriages pursuant to this chapter is three hundred dollars ($300).
(b) The fee for renewal of an approval is three hundred dollars ($300).
(c) Fees received pursuant to this chapter shall be deposited in a trust fund established by the county clerk. The money in the trust fund shall be used exclusively for the administration of the programs described in this chapter.
(Amended by Stats. 2006, Ch. 816, Sec. 38. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 5 - Remote Marriage License Issuance and Solemnization › Section 550.

550. Notwithstanding any other law, including, but not limited to, Section 420, a county clerk may issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony under state law using remote technology pursuant to this part, except for a marriage of a minor, as set forth in Sections 302 to 304, inclusive, or any successor provisions.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 5 - Remote Marriage License Issuance and Solemnization › Section 552.

552. A couple seeking a marriage license or solemnization pursuant to this part shall present, in the manner requested by the county clerk, a copy of a valid government-issued photo identification to verify their identity and any additional documentary proof requested by the county clerk.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 5 - Remote Marriage License Issuance and Solemnization › Section 554.

554. (a) Each member of the couple shall be physically located in the State of California while using remote technology to obtain a marriage license pursuant to this part.
(b) (1) Each member of the couple shall be in the same physical location in the State of California while using remote technology to solemnize their marriage pursuant to this part.
(2) The person solemnizing the marriage, any necessary witnesses, and the county clerk shall all be physically located in the State of California, but may be at separate physical locations from each other and the couple solemnizing their marriage.
(c) The county clerk may require a couple to complete an affidavit, in a form provided by the county clerk, affirming that they and each individual participating in a marriage solemnization using remote technology are physically present within the State of California in compliance with this part.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 5 - Remote Marriage License Issuance and Solemnization › Section 556.

556. (a) At the discretion of the county clerk, a couple applying for a marriage license using remote technology may sign their marriage license electronically or by original wet signature. The couple shall transmit a signed, legible copy of their marriage license by United States mail, fax, or electronic means directly to the county clerk, in the manner required by the county clerk.
(b) At the discretion of the county clerk, a marriage license issued using the procedure described in this part may be transmitted to the applicants by United States mail, fax, or electronic means.
(c) Before the solemnization of a marriage pursuant to this part, one or both of the parties to be married shall transmit the marriage license by United States mail, fax, or electronic means to the person solemnizing the marriage and any necessary witnesses, in the manner required by the county clerk.
(d) At the discretion of the county clerk, the person solemnizing the marriage or any necessary witnesses may sign the marriage license electronically or by original wet signature and transmit the signed marriage license by United States mail, fax, or electronic means, in the manner required by the county clerk.
(e) A county clerk who witnesses a marriage solemnized by someone other than the county clerk using remote technology may apply an electronic signature to the marriage license as a witness, and transmit the signed license to the person solemnizing the marriage by United States mail, fax, or electronic means.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 5 - Remote Marriage License Issuance and Solemnization › Section 558.

558. A county clerk may provide guidance relating to marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony when the guidance relates to the use of their remote technology pursuant to this part.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
2023 California Code › Family Code - FAM › DIVISION 3 - MARRIAGE › PART 5 - Remote Marriage License Issuance and Solemnization › Section 560.

560. For purposes of this part, “remote technology” means audiovideo technology that is provided by a county clerk and allows the couple, or the couple and others participating in a marriage solemnization, as applicable, to appear together from the same physical location and directly interact with each other and the county clerk.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions › Section 700.

700. For the purposes of this division, a leasehold interest in real property is real property, not personal property.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Relation of Spouses › Section 720.

720. Spouses contract toward each other obligations of mutual respect, fidelity, and support.
(Amended by Stats. 2014, Ch. 82, Sec. 11. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Relation of Spouses › Section 721.

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 if unmarried.
(b) Except as provided in Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code, in transactions between themselves, spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital business partners, as provided in Sections 16403, 16404, and 16503 of the Corporations Code, including, but not limited to, the following:
(1) Providing each spouse access at all times to any books kept regarding a transaction for the purposes of inspection and copying.
(2) Rendering upon request, true and full information of all things affecting any transaction that concerns the community property. Nothing in this section is intended to impose a duty for either spouse to keep detailed books and records of community property transactions.
(3) Accounting to the spouse, and holding as a trustee, any benefit or profit derived from any transaction by one spouse without the consent of the other spouse that concerns the community property.
(Amended by Stats. 2019, Ch. 43, Sec. 1. (AB 327) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Property Rights During Marriage › Section 750.

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.
(Amended by Stats. 2014, Ch. 82, Sec. 13. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Property Rights During Marriage › Section 751.

751. The respective interests of each spouse in community property during continuance of the marriage relation are present, existing, and equal interests.
(Amended by Stats. 2014, Ch. 82, Sec. 14. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Property Rights During Marriage › Section 752.

752. Except as otherwise provided by statute, neither spouse has any interest in the separate property of the other.
(Amended by Stats. 2014, Ch. 82, Sec. 15. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Property Rights During Marriage › Section 753.

753. Notwithstanding Section 752 and except as provided in Article 2 (commencing with Section 2045), Article 3 (commencing with Section 2047), or Article 4 (commencing with Section 2049) of Chapter 4 of Part 1 of Division 6, neither spouse may be excluded from the other’s dwelling.
(Amended by Stats. 1993, Ch. 219, Sec. 99.5. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Property Rights During Marriage › Section 754.

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 any county in which either spouse resides on real property that is the separate property of the other, the real property shall not for a period of three months thereafter be transferred, encumbered, or otherwise disposed of voluntarily or involuntarily without the joinder of both spouses, unless the court otherwise orders.
(Amended by Stats. 2014, Ch. 82, Sec. 16. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Property Rights During Marriage › Section 755.

755. (a) The terms “participant,” “beneficiary,” “employer,” “employee organization,” “named fiduciary,” “fiduciary,” and “administrator,” as used in subdivision (b), have the same meaning as provided in Section 3 of the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended (29 U.S.C.A. Sec. 1002). The term “employee benefit plan” has the same meaning as provided in Section 80 of this code. The term “trustee” shall include a “named fiduciary” as that term is employed in ERISA. The term “plan sponsor” shall include an “employer” or “employee organization,” as those terms are used in ERISA (29 U.S.C.A. Sec. 1002).
(b) Notwithstanding Sections 751 and 1100, if payment or refund is made to a participant or the participant’s, employee’s, or former employee’s beneficiary or estate pursuant to an employee benefit plan including a plan governed by the Employee Retirement Income Security Act of 1974 (P.L. 93-406), as amended, the payment or refund fully discharges the plan sponsor and the administrator, trustee, or insurance company making the payment or refund from all adverse claims thereto unless, before the payment or refund is made, the plan sponsor or the administrator of the plan has received written notice by or on behalf of some other person that the other person claims to be entitled to the payment or refund or some part thereof. Nothing in this section affects or releases the participant from claims which may exist against the participant by a person other than the plan sponsor, trustee, administrator, or other person making the benefit payment.
(Amended by Stats. 1994, Ch. 1269, Sec. 12. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 1 - Community Property › Section 760.

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 this state is community property.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 1 - Community Property › Section 761.

761. (a) Unless the trust instrument or the instrument of transfer expressly provides otherwise, community property that is transferred in trust remains community property during the marriage, regardless of the identity of the trustee, if the trust, originally or as amended before or after the transfer, provides that the trust is revocable as to that property during the marriage and the power, if any, to modify the trust as to the rights and interests in that property during the marriage may be exercised only with the joinder or consent of both spouses.
(b) Unless the trust instrument expressly provides otherwise, a power to revoke as to community property may be exercised by either spouse acting alone. Community property, including any income or appreciation, that is distributed or withdrawn from a trust by revocation, power of withdrawal, or otherwise, remains community property unless there is a valid transmutation of the property at the time of distribution or withdrawal.
(c) The trustee may convey and otherwise manage and control the trust property in accordance with the provisions of the trust without the joinder or consent of either spouse unless the trust expressly requires the joinder or consent of one or both spouses.
(d) This section applies to a transfer made before, on, or after July 1, 1987.
(e) Nothing in this section affects the community character of property that is transferred before, on, or after July 1, 1987, in any manner or to a trust other than described in this section.
(Amended by Stats. 2014, Ch. 82, Sec. 17. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 2 - Separate Property › Section 770.

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 person after marriage by gift, bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in this section.
(b) A married person may, without the consent of the person’s spouse, convey the person’s separate property.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 2 - Separate Property › Section 771.

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 spouses, are the separate property of the spouse.
(b) Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child.
(Amended by Stats. 2016, Ch. 114, Sec. 2. (SB 1255) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 2 - Separate Property › Section 772.

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 earnings or accumulations.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 3 - Damages for Injuries to Married Person › Section 780.

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 married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for such damages, is community property if the cause of action for the damages arose during the marriage.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 3 - Damages for Injuries to Married Person › Section 781.

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 agreement for the settlement or compromise of a claim for those damages, is the separate property of the injured person if the cause of action for the damages arose as follows:
(1) After the entry of a judgment of dissolution of a marriage or legal separation of the parties.
(2) While the injured spouse is living separate from the other spouse.
(b) Notwithstanding subdivision (a), if the spouse of the injured person has paid expenses by reason of the personal injuries from separate property or from the community property, the spouse is entitled to reimbursement of the separate property or the community property for those expenses from the separate property received by the injured person under subdivision (a).
(c) Notwithstanding subdivision (a), if one spouse has a cause of action against the other spouse that arose during the marriage of the parties, money or property paid or to be paid by or on behalf of a party to the party’s spouse of that marriage in satisfaction of a judgment for damages for personal injuries to that spouse, or pursuant to an agreement for the settlement or compromise of a claim for the damages, is the separate property of the injured spouse.
(Amended by Stats. 2019, Ch. 115, Sec. 10. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 3 - Damages for Injuries to Married Person › Section 782.

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 property may not be used to discharge the liability of the tortfeasor spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the separate property of the tortfeasor spouse, not exempt from enforcement of a money judgment, is exhausted.
(b) This section does not prevent the use of community property to discharge a liability referred to in subdivision (a) if the injured spouse gives written consent thereto after the occurrence of the injury.
(c) This section does not affect the right to indemnity provided by an insurance or other contract to discharge the tortfeasor spouse’s liability, whether or not the consideration given for the contract consisted of community property.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 3 - Damages for Injuries to Married Person › Section 782.5.

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 (a) of Section 664 of the Penal Code, or of soliciting the murder of the other spouse, as punishable pursuant to subdivision (b) of Section 653f of the Penal Code, the injured spouse shall be entitled to an award to the injured spouse of 100 percent of the community property interest in the retirement and pension benefits of the injured spouse.
As used in this section, “injured spouse” has the same meaning as defined in Section 4324.
(Amended by Stats. 2010, Ch. 65, Sec. 1. (AB 2674) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 3 - Damages for Injuries to Married Person › Section 783.

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 wrongful act or omission of the spouse of the injured person was a concurring cause of the injury is not a defense in an action brought by the injured person to recover damages for the injury except in cases where the concurring negligent or wrongful act or omission would be a defense if the marriage did not exist.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 4 - Presumptions Concerning Nature of Property › Section 802.

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 person at the time of the person’s death if the marriage during which the property was acquired was terminated by dissolution of marriage more than four years before the death.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 4 - Presumptions Concerning Nature of Property › Section 803.

803. Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1, 1975, by a married woman by an instrument in writing, the following presumptions apply, and are conclusive in favor of any person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, regardless of any change in her marital status after acquisition of the property:
(a) If acquired by the married woman, the presumption is that the property is the married woman’s separate property.
(b) If acquired by the married woman and any other person, the presumption is that the married woman takes the part acquired by her as tenant in common, unless a different intention is expressed in the instrument.
(c) If acquired by husband and wife by an instrument in which they are described as husband and wife, the presumption is that the property is the community property of the husband and wife, unless a different intention is expressed in the instrument.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 5 - Transmutation of Property › Section 850.

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 community property to separate property of either spouse.
(b) Transmute separate property of either spouse to community property.
(c) Transmute separate property of one spouse to separate property of the other spouse.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 5 - Transmutation of Property › Section 851.

851. A transmutation is subject to the laws governing fraudulent transfers.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 5 - Transmutation of Property › Section 852.

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 accepted by the spouse whose interest in the property is adversely affected.
(b) A transmutation of real property is not effective as to third parties without notice thereof unless recorded.
(c) This section does not apply to a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage.
(d) Nothing in this section affects the law governing characterization of property in which separate property and community property are commingled or otherwise combined.
(e) This section does not apply to or affect a transmutation of property made before January 1, 1985, and the law that would otherwise be applicable to that transmutation shall continue to apply.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 2 - CHARACTERIZATION OF MARITAL PROPERTY › CHAPTER 5 - Transmutation of Property › Section 853.

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 death of the person who made the will.
(b) A waiver of a right to a joint and survivor annuity or survivor’s benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not a transmutation of the community property rights of the person executing the waiver.
(c) A written joinder or written consent to a nonprobate transfer of community property on death that satisfies Section 852 is a transmutation and is governed by the law applicable to transmutations and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division 5 of the Probate Code.
(Amended by Stats. 1993, Ch. 219, Sec. 100. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 1 - Definitions › Section 900.

900. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 1 - Definitions › Section 902.

902. “Debt” means an obligation incurred by a married person before or during marriage, whether based on contract, tort, or otherwise.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 1 - Definitions › Section 903.

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 occurs.
(c) In other cases, at the time the obligation arises.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 910.

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, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.
(b) “During marriage” for purposes of this section does not include the period after the date of separation, as defined in Section 70, and before a judgment of dissolution of marriage or legal separation of the parties.
(Amended by Stats. 2016, Ch. 114, Sec. 3. (SB 1255) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 911.

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 married person are paid, they remain not liable so long as they are held in a deposit account in which the person’s spouse has no right of withdrawal and are uncommingled with other property in the community estate, except property insignificant in amount.
(b) As used in this section:
(1) “Deposit account” has the meaning prescribed in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.
(2) “Earnings” means compensation for personal services performed, whether as an employee or otherwise.
(Amended by Stats. 1999, Ch. 991, Sec. 42.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 912.

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 property.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 913.

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 statute:
(1) The separate property of a married person is not liable for a debt incurred by the person’s spouse before or during marriage.
(2) The joinder or consent of a married person to an encumbrance of community estate property to secure payment of a debt incurred by the person’s spouse does not subject the person’s separate property to liability for the debt unless the person also incurred the debt.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 914.

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 incurred for necessaries of life of the person’s spouse before the date of separation of the spouses.
(2) Except as provided in Section 4302, a debt incurred for common necessaries of life of the person’s spouse after the date of separation of the spouses.
(b) The separate property of a married person may be applied to the satisfaction of a debt for which the person is personally liable pursuant to this section. If separate property is so applied at a time when nonexempt property in the community estate or separate property of the person’s spouse is available but is not applied to the satisfaction of the debt, the married person is entitled to reimbursement to the extent such property was available.
(c) (1) Except as provided in paragraph (2), the statute of limitations set forth in Section 366.2 of the Code of Civil Procedure shall apply if the spouse for whom the married person is personally liable dies.
(2) If the surviving spouse had actual knowledge of the debt prior to expiration of the period set forth in Section 366.2 of the Code of Civil Procedure and the personal representative of the deceased spouse’s estate failed to provide the creditor asserting the claim under this section with a timely written notice of the probate administration of the estate in the manner provided for pursuant to Section 9050 of the Probate Code, the statute of limitations set forth in Section 337 or 339 of the Code of Civil Procedure, as applicable, shall apply.
(d) For purposes of this section, “date of separation” has the same meaning as set forth in Section 70.
(Amended by Stats. 2016, Ch. 114, Sec. 4. (SB 1255) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 915.

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 incurred before marriage, regardless of whether a court order for support is made or modified before or during marriage and regardless of whether any installment payment on the obligation accrues before or during marriage.
(b) If property in the community estate is applied to the satisfaction of a child or spousal support obligation of a married person that does not arise out of the marriage, at a time when nonexempt separate income of the person is available but is not applied to the satisfaction of the obligation, the community estate is entitled to reimbursement from the person in the amount of the separate income, not exceeding the property in the community estate so applied.
(c) Nothing in this section limits the matters a court may take into consideration in determining or modifying the amount of a support order, including, but not limited to, the earnings of the spouses of the parties.
(Amended by Stats. 1993, Ch. 219, Sec. 100.5. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 2 - General Rules of Liability › Section 916.

916. (a) Notwithstanding any other provision of this chapter, after division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500):
(1) The separate property owned by a married person at the time of the division and the property received by the person in the division is liable for a debt incurred by the person before or during marriage and the person is personally liable for the debt, whether or not the debt was assigned for payment by the person’s spouse in the division.
(2) The separate property owned by a married person at the time of the division and the property received by the person in the division is not liable for a debt incurred by the person’s spouse before or during marriage, and the person is not personally liable for the debt, unless the debt was assigned for payment by the person in the division of the property. Nothing in this paragraph affects the liability of property for the satisfaction of a lien on the property.
(3) The separate property owned by a married person at the time of the division and the property received by the person in the division is liable for a debt incurred by the person’s spouse before or during marriage, and the person is personally liable for the debt, if the debt was assigned for payment by the person in the division of the property. If a money judgment for the debt is entered after the division, the property is not subject to enforcement of the judgment and the judgment may not be enforced against the married person, unless the person is made a party to the judgment for the purpose of this paragraph.
(b) If property of a married person is applied to the satisfaction of a money judgment pursuant to subdivision (a) for a debt incurred by the person that is assigned for payment by the person’s spouse, the person has a right of reimbursement from the person’s spouse to the extent of the property applied, with interest at the legal rate, and may recover reasonable attorney’s fees incurred in enforcing the right of reimbursement.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 3 - Reimbursement › Section 920.

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 the satisfaction of the debt, regardless of whether the property is applied to the satisfaction of the debt voluntarily or involuntarily, and regardless of whether the debt to which the property is applied is satisfied in whole or in part. The right is subject to an express written waiver of the right by the spouse in whose favor the right arises.
(b) The measure of reimbursement is the value of the property or interest in property at the time the right arises.
(c) The right shall be exercised not later than the earlier of the following times:
(1) Within three years after the spouse in whose favor the right arises has actual knowledge of the application of the property to the satisfaction of the debt.
(2) In proceedings for division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500) or in proceedings upon the death of a spouse.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 4 - Transitional Provisions › Section 930.

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 of a married person for a debt enforced on or after January 1, 1985, regardless of whether the debt was incurred before, on, or after that date.
(Amended by Stats. 1993, Ch. 219, Sec. 100.6. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 4 - RIGHTS AND OBLIGATIONS DURING MARRIAGE › PART 3 - LIABILITY OF MARITAL PROPERTY › CHAPTER 4 - Transitional Provisions › Section 931.

931. The provisions of this part that govern reimbursement apply to all debts, regardless of whether satisfied before, on, or after January 1, 1985.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)