Article 5. Privilege For Confidential Marital Communications of California Evidence Code >> Division 8. >> Chapter 4. >> Article 5.

Subject to Section 912 and except as otherwise provided in this article, a spouse (or his guardian or conservator when he has a guardian or conservator), whether or not a party, has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if he claims the privilege and the comunication was made in confidence between him and the other spouse while they were husband and wife.

There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud.

There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.

There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence.

There is no privilege under this article in:
  (a) A proceeding brought by or on behalf of one spouse against the other spouse.
  (b) A proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction.

There is no privilege under this article in a criminal proceeding in which one spouse is charged with:
  (a) A crime committed at any time against the person or property of the other spouse or of a child of either.
  (b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.
  (c) Bigamy.
  (d) A crime defined by Section 270 or 270a of the Penal Code.

There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.

There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.