Amended by Stats. 2014, Ch. 82, Sec. 13. (SB 1306) Effective January 1, 2015.
Spouses may hold property as joint tenants or tenants in common, or as community property, or as community property with a right of survivorship.
Chapter 3 - Property Rights During Marriage
California Family Code — §§ 750-755
Sections (6)
Amended by Stats. 2014, Ch. 82, Sec. 14. (SB 1306) Effective January 1, 2015.
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. 15. (SB 1306) Effective January 1, 2015.
Except as otherwise provided by statute, neither spouse has any interest in the separate property of the other.
Amended by Stats. 1993, Ch. 219, Sec. 99.5. Effective January 1, 1994.
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. 2014, Ch. 82, Sec. 16. (SB 1306) Effective January 1, 2015.
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. 1994, Ch. 1269, Sec. 12. Effective January 1, 1995.
(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.