Property Rights During Marriage

California’s Family Code, in Division 4, Part 1, Chapter 3, deals with property rights during marriage. Section 750 provides that spouses may hold property as joint tenants or tenants in common, or as community property, or as community property with a right of survivorship.

Section 751 states that the respective interests of each spouse in community property during continuance of the marriage relation are present, existing, and equal interests.

Section 752 says that neither spouse has any interest in the separate property of the other.

Section 753 specifies that neither spouse may be excluded from the other’s dwelling.

Section 754 notes that, 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 cannot 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.

Section 755 defines the terms “participant,” “beneficiary,” “employer,” “employee organization,” “named fiduciary,” “fiduciary,” and “administrator,” as we’’ as employee benefit plan,” “trustee,” “named beneficiary,” and “plan sponsor.”

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, 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, with certain specified exceptions.