Code Section Group

Family Code - FAM

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

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

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

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

CHAPTER 2. Separate Property [770 - 772]
  ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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.)

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.)

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.)

FAMFamily Code - FAM