Chapter 3. Property Rights During Marriage of California Family Law Code >> Division 4. >> Part 1. >> Chapter 3.
Spouses may hold property as joint tenants or tenants in
common, or as community property, or as community property with a
right of survivorship.
The respective interests of each spouse in community property
during continuance of the marriage relation are present, existing,
and equal interests.
Except as otherwise provided by statute, neither spouse has
any interest in the separate property of the other.
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
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
(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