WEST'S ANNOTATED CALIFORNIA FAMILY CODE

	¤ 300.  Consent; issuance of license and solemnization

	Marriage is a personal relation arising out of a civil contract between a man
and a woman, to which the consent of the parties capable of making that contract is
necessary.  Consent alone does not constitute marriage.  Consent must be followed
by the issuance of a license and solemnization as authorized by this division,
except as provided by Section 425 and Part 4 (commencing with Section 500).

	¤ 301.  Adults; capability to consent to and consummate marriage

	An unmarried male of the age of 18 years or older, and an unmarried female of
the age of 18 years or older, and not otherwise disqualified, are capable of
consenting to and consummating marriage.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 305.  Proof of consent and solemnization

	Consent to and solemnization of marriage may be proved under the same general
rules of evidence as facts are proved in other cases.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 720.  Mutual obligations

	Husband and wife contract toward each other obligations of mutual respect,
fidelity, and support.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 721.  Contracts with each other and third parties; fiduciary relationship

	(a)	Subject to subdivision (b), either husband or wife may enter into any
transaction with the other, or with any other person, respecting property, which
either might if unmarried.

	(b)	Except as provided in Sections 143, 144, 146, and 16040 of the Probate
Code, in transactions between themselves, a husband and wife are subject to the
general rules governing fiduciary relationships which control the actions of
persons occupying confidential relations with each other.  This confidential
relationship imposes a duty of the highest good faith and fair dealing on each
spouse, and neither shall take any unfair advantage of the other.  This
confidential relationship is a fiduciary relationship subject to the same rights
and duties of nonmarital business partners, as provided in Sections 15019, 15020,
15021, and 15022 of the Corporations Code, including the following:

	(1)	Providing each spouse access at all times to any books kept regarding a
transaction for the purposes of inspection and copying.

	(2)	Rendering upon request, true and full information of all things
affecting any transaction which concerns the community property.  Nothing in this
section is intended to impose a duty for either spouse to keep detailed books and
records of community property transactions. (3)	Accounting to the spouse, and
holding as a trustee, any benefit or profit derived from any transaction by one
spouse without the consent of the other spouse which concerns the community
property. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 751.  Community property; interests of parties

	The respective interests of the @ husband and wife in community property during
continuance of the marriage relation are present, existing, and equal interests.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 760.  Community property defined Except as otherwise provided by statute, all
property, real or personal, wherever situated, acquired by a married person during
the marriage while domiciled in this state is community property. (Stats.1992, c.
162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.) ¤ 770.  Separate property of
married person (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. (Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative
Jan. 1, 1994.)

	¤ 771.  Earnings and accumulations during period of separation

	The earnings and accumulations of a spouse and the minor children living with,
or in the custody of, the spouse, while living separate and apart from the other
spouse, are the separate property of the spouse.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 772.  Earnings or accumulations after entry of judgment of legal separation

	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.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.) ¤ 803. 
Property acquired by married woman before January 1, 1975; conclusiveness of
presumptions

	Notwithstanding any other provision of this part, whenever any real or personal
property, or any interest therein or encumbrance thereon, was acquired before
January 1, 1975, by a married woman by an instrument in writing, the following
presumptions apply, and are conclusive in favor of any person dealing in good faith
and for a valuable consideration with the married woman or her legal
representatives or successors in interest, regardless of any change in her marital
status after acquisition of the property: (a)	If acquired by the married woman,
the presumption is that the property is the married woman's separate property.
(b)	If acquired by the married woman and any other person, the presumption is
that	the married woman takes the part acquired by her as tenant in common,
unless a	different intention is expressed in the instrument. (c)	If acquired
by husband and wife by an instrument in which they are described as husband and
wife, the presumption is that the property is the community property of the husband
and wife, unless a different intention is expressed in the instrument.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤850.  Transmutation by agreement or transfer

	Subject to Sections 851 to 853, inclusive, married persons may by agreement or
transfer, with or without consideration, do any of the following: (a)	Transmute
community property to separate property of either spouse.

	(b)	Transmute separate property of either spouse to community property.

	(c)	Transmute separate property of one spouse to separate property of the
other spouse. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 851.  Transmutation subject to fraudulent transfer laws A transmutation is
subject to the laws governing fraudulent transfers. (Stats.1992, c. 162 (A.B.2650),
¤ 10, operative Jan. 1, 1994.)

	¤ 852.  Validity of transmutations; application of section

	(a)	A transmutation of real or personal property is not valid unless made in
writing by an express declaration that is made, joined in, consented to, or
accepted by the spouse whose interest in the property is adversely affected.

	(b)	A transmutation of real property is not effective as to third parties
without notice thereof unless recorded.

	(c)	This section does not apply to a gift between the spouses of clothing,
wearing apparel, jewelry, or other tangible articles of a personal nature that is
used solely or principally by the spouse to whom the gift is made and that is not
substantial in value taking into account the circumstances of the marriage.

	(d)	Nothing in this section affects the law governing characterization of
property in which separate property and community property are commingled or
otherwise combined. (e)	This section does not apply to or affect a transmutation
of property made before January 1, 1985, and the law that would otherwise be
applicable to that transmutation shall continue to apply. (Stats.1992, c. 162
(A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 853.  Characterization of property in will; admissibility in proceedings
commenced before death of testator (a)	A statement in a will of the character of
property is not admissible as evidence of a transmutation of the property in a
proceeding commenced before the death of the person who made the will.

	(b)	A waiver of a right to a joint and survivor annuity or survivor's
benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not
a transmutation of the community property rights of the person executing the
waiver.

	(c)	A written joinder or written consent to a nonprobate transfer of
community property on death that satisfies Section 852 is a transmutation and is
governed by the law applicable to transmutations and not by Chapter 2 (commencing
with Section 501 0) of Part 1 of Division 5 of the Probate Code.

	¤ 1500.  Effect of premarital agreements and other marital property agreements
The property rights of husband and wife prescribed by statute may be altered by a
premarital agreement or other marital property agreement.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1501.  Agreements by minors

	A minor may make a valid premarital agreement or other marital property
agreement if the minor is emancipated or is otherwise capable of contracting
marriage.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1502.  Recording of agreements

	(a)	A premarital agreement or other marital property agreement that is
executed and acknowledged or proved in the manner that a grant of real property is
required to be executed ' and acknowledged or proved may be recorded in the office
of the recorder of each county in which real property affected by the agreement is
situated.

	(b)	Recording or nonrecording of a premarital agreement or other marital
property agreement has the same effect as recording or nonrecording of a grant of
real property. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.) ¤
1503.  Law applicable to preexisting premarital agreements

	Nothing in this chapter affects the validity or effect of premarital agreements
made before January 1, 1986, and the validity and effect of those agreements shall
continue to be determined by the law applicable to the agreements before January 1,
1986.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.) ¤1600.  Short
title This chapter may be cited as the Uniform Premarital Agreement Act.
(Stats.1992, C. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1601.  Effective date of chapter

	This chapter is effective on and after January 1, 1986, and applies to any
premarital agreement executed on or after that date.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1610.  Definitions

	As used in this chapter:

	(a)	"Premarital agreement" means an agreement between prospective spouses
made in contemplation of marriage and to be effective upon marriage.
(b)	"Property" means an interest, present or future, legal or equitable, vested
or contingent, in real or personal property, including income and earnings.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1611.  Form and execution of agreement; consideration

	A premarital agreement shall be in writing and signed by both parties.  It is
enforceable without consideration.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1612.  Subject matter of premarital agreements

	(a)	Parties to a premarital agreement may contract with respect to all of
the

	following:

	(1)	The rights and obligations of each of the parties in any of the property
of either or both of them whenever and wherever acquired or located.

	(2)	The right to buy, sell, use, transfer, exchange, abandon, lease,
consume, expend, assign, create a security interest in, mortgage, encumber, dispose
of, or otherwise manage and control property.

	(3)	The disposition of property upon separation, marital dissolution, death,
or the occurrence or nonoccurrence of any other event.

	(4)	The making of a will, trust, or other arrangement to carry out the
provisions of the agreement. (5)	The ownership rights in and disposition of the
death benefit from a life insurance policy. (6)	The choice of law governing the
construction of the agreement.

	(7)	Any other matter, including their personal rights and obligations, not
in violation of public policy or a statute imposing a criminal penalty.

	(b)	The right of a child to support may not be adversely affected by a
premarital agreement.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1613.  Effective date of agreements A premarital agreement becomes effective
upon marriage. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.) ¤
1614.  Amendment or revocation of agreements

	After marriage, a premarital agreement may be amended or revoked only by a
written agreement signed by the parties.  The amended agreement or the revocation
is enforceable without consideration.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1615.  Unenforceable agreements

	(a)	A premarital agreement is not enforceable if the party against whom
enforcement is sought proves either of the following:

	(1) That party did not execute the agreement voluntarily.

	(2)	The agreement was unconscionable when it was executed and, before
execution of the agreement, all of the following applied to that party: (A)	That
party was not provided a fair and reasonable disclosure of the

	property	or financial obligations of the other party. (B)	That party did
not voluntarily and expressly waive, in writing, any right to disclosure of the
property or financial obligations of the other party beyond the

	disclosure provided. (C)	That party did not have, or reasonably could not
have had, an adequate knowledge of the property or financial obligations of the
other party. (b)	An issue of unconscionability of a premarital agreement shall
be decided by the court as a matter of law. (Stats.1992, c. 162 (A.B.2650), ¤ 10,
operative Jan. 1, 1994.) ¤ 1616.  Vold marriage, effect on agreement

	If a marriage is determined to be void, an agreement that would otherwise have
been a premarital agreement is enforceable only to the extent necessary to avoid an
inequitable result.(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 1617.  Limitations of actions; equitable defenses including laches and

	estoppel Any statute of limitations applicable to an action asserting a claim
for relief i nder a premarital agreement is tolled during the marriage of the
parties to the agreement.  However, equitable defenses limiting the time for
enforcement, including laches and estoppel, are available to either party.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)


	¤ 1620.  Contracts altering legal relations of spouses; restrictions

	Except as otherwise provided by law, a husband and wife cannot, by a contract
with each other, alter their legal relations, except as to property.

	(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 2200.  Incestuous marriages

	Marriages between parents and children, ancestors and descendants of every
degree, and between brothers and sisters of the half as well as the whole blood,
and between uncles and nieces or aunts and nephews, are incestuous, and void from
the beginning, whether the relationship is legitimate or illegitimate. (Stats.1992,
c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 2201.  Bigamous and polygamous marriages; exceptions; absentees (a)	A
subsequent marriage contracted by a person during the life of a former husband or
wife of the person, with a person other than the former husband or wife, is illegal
and void from the beginning, unless:

	(1)	The former marriage has been dissolved or adjudged a nullity before the
date of	the subsequent marriage.

	(2)	The former husband or wife (i) is absent, and not known to the person to
be living for the period of five successive years immediately preceding the
subsequent marriage, or (ii) is generally reputed or believed by the person to be
dead at the time the subsequent marriage was contracted.

	(b)	In either of the cases described in paragraph (2) of subdivision (a),
the subsequent marriage is valid until its nullity is adjudged pursuant to
subdivision lb) of Section 2210.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)



	¤ 2210.  Annulment, causes for

	A marriage is voidable and may be adjudged a nullity if any of the following
conditions existed at the time of the marriage:

	(a)	The party who commences the proceeding or on whose behalf the proceeding
is commenced was without the capability of consenting to the marriage as provided
in Section 301 or 302, unless, after attaining the age of consent, the party for
any time freely cohabited with the other as husband and wife.

	(b)	The husband or wife of either party was living and the marriage with
that husband or wife was then in force and that husband or wife (1) was absent and
not known to the party commencing the proceeding to be living for a period of five
successive years immediately preceding the subsequent marriage for which the
judgment of nullity is sought or (2) was generally reputed or believed by the party
commencing the proceeding to be dead at the time the subsequent marriage was
contracted.

	(c)	Either party was of unsound mind, unless the party of unsound mind,
after coming to reason, freely cohabited with the other as husband and wife.

	(d)	The consent of either party was obtained by fraud, unless the party
whose consent was obtained by fraud afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband or wife.

	(e)	The consent of either party was obtained by force, unless the party
whose consent was obtained by force afterwards freely cohabited with the other as
husband or wife.

	(f)	Either party was, at the time of marriage, physically incapable of
entering into the marriage state, and that incapacity continues, and appears to be
incurable. (Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 2251.  Status of putative spouse; division of community or quasi-community
property (a)	If a determination is made that a marriage is void or voidable and
the court finds that either party or both parties believed in good faith that the
marriage was valid, the court shall: (1)	Declare the party or parties to have
the status of a putative spouse.

	(2)	If the division of property is in issue, divide, in accordance with
Division 7 (commencing with Section 2500), that property acquired during the union
which would have been community property or quasi-community property if the union
had not been void or voidable.  This property is known as "quasi-marital property".
(b)	If the court expressly reserves jurisdiction, it may make the property
division at a time after the judgment. (Stats.1992, c. 162 (A.B. 2650), ¤ 10,
operative Jan. 1, 1994.)

	¤ 2252.  Liability of quasi-marital property for debts of parties

	The property divided pursuant to Section 2251 is liable for debts of the
parties to the same extent as if the property had been community property or
quasi-community property.

	(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 2254.  Order for support; putative spouse

	The court may, during the pendency of a proceeding for nullity of marriage or
upon judgment of nullity of marriage, order a party to pay for the support of the
other party in the same manner as if the marriage had not been void or voidable if
the party for whose benefit the order is made is found to be a putative spouse.
(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

	¤ 2255.  Attorney's fees and costs

	The court may grant attorney's fees and costs in accordance with Part 5
(commencing with Section 270) of Division 2 in proceedings to have the marriage
adjudged void and in those proceedings based upon voidable marriage in which the
party applying for attorney's fees and costs is found to be innocent of fraud or
wrongdoing in inducing or entering into the marriage, and free from knowledge of
the then existence of any prior marriage or other impediment to the contracting of
the marriage for which a judgment of nullity is sought. (Stats.1992, c. 162 (A.B.
2650), ¤ 10, operative Jan. 1, 1994.)


	¤ 2580.  Legislative findings and declarations

	The Legislature hereby finds and declares as follows: (a)	It is the public
policy of this state to provide uniformly and consistently for the standard of
proof in establishing the character of property acquired by spouses during marriage
in joint title form, and for the allocation of community and separate interests in
that property between the spouses.

	(b)	The methods provided by case and statutory law have not resulted in
consistency in the treatment of spouses' interests in property they hold in joint
title, but rather, have created confusion as to which law applies to property at a
particular point in time, depending on the form of title, and, as a result, spouses
cannot have reliable expectations as to the characterization of their property and
the allocation of the interests therein, and attorneys cannot reliably advise their
clients regarding applicable law.

	(c)	Therefore, a compelling state interest exists to provide for uniform
treatment of property.  Thus, former Sections 4800.1 and 4800.2 of the Civil Code,
as operative on January 1, 1987, and as continued in Sections 2580 and 2640 of this
code, apply to all property held in joint title regardless of the date of
acquisition of the property or the date of any agreement affecting the character of
the property, and those sections apply in all proceedings commenced on or after
January 1, 1984.  However, those sections do not apply to property settlement
agreements executed before January 1, 1987, or proceedings in which judgments were
rendered before January 1, 1987, regardless of whether those judgments have become
final.



	¤ 2581.  Community property presumption for property held in joint form

	For the purpose of division of property on dissolution of marriage or legal
separation of the parties, property acquired by the parties during marriage in
joint form, including property held in tenancy in common, joint tenancy, or tenancy
by the entirety, or as community property, is presumed to be community property. 
This presumption is a presumption affecting the burden of proof and may be rebutted
by either of the following:

	(a)	A clear statement in the deed or other documentary evidence of title by
which the property is acquired that the property is separate property and not

	community	property.

	(b)	Proof that the parties have made a written agreement that the property
is separate	property.

	¤	2640.  Separate property contributions to property acquisition

	(a)	"Contributions to the acquisition of the property," as used in this
section, include downpayments, payments for improvements, and payments that reduce
the principal of a loan used to finance the purchase or improvement of the property
but do not include payments of interest on the loan or payments made for
maintenance, insurance, or taxation of the property.

	(b)	In the division of the community estate under this division, unless a
party has made a written waiver of the right to reimbursement or has signed a
writing that has the effect of a waiver, the party shall be reimbursed for the
party's contributions to the acquisition of the property to the extent the party
traces the contributions to a separate property source.  The amount reimbursed
shall be without interest or adjustment for change in monetary values and shall not
exceed the net value of the property at the time of the division,

	¤ 2641.  Community contributions to education or training

	(a)	"Community contributions to education or training" as used in this
section means payments made with community or quasi-community property for
education or training or for the repayment of a loan incurred for education or
training, whether the payments were made while the parties were resident in this
state or resident outside this state. (b)	Subject to the limitations provided in
this section, upon dissolution of

	marriage	or legal separation of the parties:

	(1)	The community shall be reimbursed for community contributions to edu-
cation or training of a party that substantially enhances the earning capacity of
the party.  The amount reimbursed shall be with interest at the legal rate,
accruing from the end of the calendar year in which the contributions were made.

	(2)	A loan incurred during marriage for the education or training of a party
shall not be included among the liabilities of the community for the purpose of
division pursuant to this division but shall be assigned for payment by the party.

	(c)	The reimbursement and assignment required by this section shall be
reduced or modified to the extent circumstances render such a disposition unjust,
including, but not limited to, any of the following:

	(1)	The community has substantially benefited from the education, training,
or loan incurred for the education or training of the party.  There is a rebuttable
presumption, affecting the burden of proof, that the community has not
substantially benefited from community contributions to the education or training
made less than 10 years before the commencement of the proceeding, and that the
community has substantially benefited from community contributions to the education
or training made more than 10 years before the commencement of the proceeding.

	(2)	The education or training received by the party is offset by the
education or training received by the other party for which community contributions
have

	been made.

	(3)	The education or training enables the party receiving the education or
training to engage in gainful employment that substantially reduces the need of the
party for support that would otherwise be required.

	(d)	Reimbursement for community contributions and assignment of loans
pursuant to this section is the exclusive remedy of the community or a party for
the education or training and any resulting enhancement of the earning capacity of
a party.  However, nothing in this subdivision limits consideration of the effect
of the education, training, or enhancement, or the amount reimbursed pursuant to
this section, on the circumstances of the parties for the purpose of an order for
support pursuant to Section 4320.

	(e)	This section is subject to an express written agreement of the parties
to the contrary. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)