WEST'S ANNOTATED FAMILY CODE OF CALIFORNIA

¤ 780. Community property

Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for such damages, is community property it the cause of action for the damages arose during the marriage.
(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

¤ 781. Separate property

(a)     Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for those damages, is the separate property of the injured person if the cause of action for the damages arose as follows:

(1)     After the entry of a judgment of dissolution of a marriage or legal separation of the parties.
(2)     While either spouse, if he or she is the injured person, is living separate from the other spouse.

(b)     Notwithstanding subdivision (a), if the spouse of the injured person has paid expenses by reason of the personal injuries from separate property or from the community property, the spouse is entitled to reimbursement of the separate property or the community property for those expenses from the separate property received by the injured person under subdivision (a).

(c)     Notwithstanding subdivision (a), if one spouse has a cause of action against the other spouse which arose during the marriage of the parties, money or property paid or to be paid by or on behalf of a party to the party's spouse of that marriage in satisfaction of a judgment for damages for personal injuries to that spouse, or pursuant to an agreement for the settlement or compromise of a claim for the damages, is the separate property of the injured spouse. (Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

¤ 782. Injuries to married person by spouse; primary resort to separate property; consent of injured spouse to use of community property; indemnity

(a)     Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the person's spouse, the community property may not be used to discharge the liability of the tortfeasor spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the separate property of the tortfeasor spouse, not exempt from enforcement of a money judgment, is exhausted.

(b)     This section does not prevent the use of community property to discharge a liability referred to in subdivision (a) if the injured spouse gives written consent thereto after the occurrence of the injury.

(c)     This section does not affect the right to indemnity provided by an insur-
ance or other contract to discharge the tortfeasor spouse's liability, whether or not the consideration given for the contract consisted of community property.

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

     783.     Injuries to married person by third party; extent concurring negli-
gence of spouse allowable as defense

If a married person is injured by the negligent or wrongful act or omission of a person other than the married person's spouse, the fact that the negligent or wrongful act or omission of the spouse of the injured person was a concurring cause of the injury is not a defense in an action brought by the injured person to recover damages for the injury except in cases where the concurring negligent or wrongful act or omission would be a defense if the marriage did not exist.

(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
husbandor wife of the person, with a person other than the former husband or
wife, isillegal and void from the beginning, unless:

(1)The former marriage has been dissolved or adjudged a nullity before the
date ofthe 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 (b) 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 mar-
riage 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
consentwas obtained by force afterwards freely cohabited with the other as
husbandor 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-communi-
ty 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 s upport; 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 aftorney'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.)

¤ 2300. Effect of dissolution

The effect of a judgment of dissolution of marriage when it becomes final is to restore the parties to the state of unmarried persons.

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

¤ 2310. Grounds for dissolution or legal separation

     Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:

     (a)     Irreconcilable differences, which have caused the irremediable breakdown of the marriage.

     (b) Incurable insanity.

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

¤ 2311. Irreconcilable differences defined

     Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

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

¤ 2312. Incurable insanity

     A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.

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

¤ 2313. Support of incurably insane spouse; order for support or bond

     No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who is incurably insane, and the court may make such order for support, or require a bond therefor, as the circumstances require.

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

2320. Entry of judgment of dissolution

     A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

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

¤ 2322. Separate domicile or residence

     For the purpose of a proceeding for dissolution of marriage, the husband and wife each may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions.

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

¤ 2330. Petition

     (a)     A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition entitled "in re the marriage of and " which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.

     (b) I n aproceeding for dissolution of marriage or for legal separation of the parties, thepetition shall set forth among other matters, as nearly as can be
ascertained,the following facts:

     (1) Thestate or country in which the parties were married.

     (2) Thedate of marriage.

     (3) Thedate of separation.

     (4) Thenumber of years from marriage to separation.

     (5) Thenumber of children of the marriage, if any, and if none a statement of that fact.

     (6) Theage and birth date of each minor child of the marriage.

     (7) Thesocial security numbers of the husband and wife, if available, and if
not available, a statement to that effect.

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

¤ 2333. Irreconcilable differences; order for dissolution

Subject to Section 2334, if from the evidence at the hearing the court finds that there are irreconcilable differences which have caused the irremediable breakdown of the marriage, the court shall order the dissolution of the marriage or a legal separation of the parties.

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

¤ 2334. Grounds for continuance; powers of court

(a)     If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for the dissolution of the marriage or for a legal separation of the parties for a period not to exceed 30 days.

     (b)During the period of the continuance, the court may make orders for the
supportand maintenance of the parties, the custody, and support of the minor
childrenof the marriage, attorney's fees, and for the preservation of the property of the parties.

(c)     At any time after the termination of the period of the continuance, either party may move for the dissolution of the marriage or a legal separation of the parties, and the court may enter a judgment of dissolution of the marriage or legal separation of the parties.

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

¤ 2335. Evidence of specific acts of misconduct; admissibility

In a pleading or proceeding for dissolution of marriage or legal separation of the parties, including depositions and discovery proceedings, evidence of specific acts of misconduct is improper and inadmissible, except in any of the following cases:

     (a)Where child custody is in issue and the evidence is relevant to that issue.

     (b)Where a domestic violence prevention order is sought or has been
obtained and the evidence is relevant in connection with the order.
(Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)
¤ 2336. Default; proof required

(a)     No judgment of dissolution or of legal separation of the parties may be granted upon the default of one of the parties or upon a statement or finding of fact made by a referee; but the court shall, in addition to the statement or finding of the referee, require proof of the grounds alleged, and the proof, if not taken before the court, shall be by affidavit.

(b)     If the proof is by affidavit, the personal appearance of the affiant is required only when it appears to the court that any of the following circumstances exist:

     (1)Reconciliation of the parties is reasonably possible.

     (2)A proposed child custody order is not in the best interest of the child.

     (3)A proposed child support order is less than a noncustodial parent is
capable of paying.

(4)     A personal appearance of a party or interested person would be in the best interests of justice.

(c)     An affidavit submitted pursuant to this section shall contain a stipulation by the affiant that the affiant understands that proof will be by affidavit and that the affiant will not appear before the court unless so ordered by the court.

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

¤ 2337. Severance and grant of early and separate trial on issue of dissolu-
tion status; conditions imposed; jurisdiction reserved

(a)     In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues.

(b)     The court may impose upon a party any of the following conditions on granting a severance of the issue of the dissolution of the status of the marriage, and in case of that party's death, an order of any of the following conditions continues to be binding upon that party's estate:

(1)     The party shall indemnify and hold the other party harmless from any taxes, reassessments, interest, and penalties payable by the other party if the dissolution of the marriage before the division of the parties' community estate results in a taxable event to either of the parties by reason of the ultimate division of their community estate, which taxes would not have been payable if the parties were still married at the time the division was made.

(2)     Until judgment has been entered on all remaining issues and has become final, the party shall maintain all existing health and medical insurance coverage for the other party and the minor children as named dependents, so long as the party is legally able to do so. At the time the party is no longer legally eligible to maintain the other party as a named dependent under the existing health and medical policies, the party or the party's estate shall, at the party's sole expense, purchase and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance coverage. If comparable insurance coverage is not obtained, the party or the party's estate is responsible for the health and medical expenses incurred by the other party which would have been covered by the insurance coverage, and shall indemnify and hold the other party harmless from any adverse consequences resulting from the lack of insurance.
(3)     Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences resulting to the other party if the bifurcation results in a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the severance is granted.

(4)     Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences resulting to the other party if the bifurcation results in the loss of the rights of the other party to a probate family allowance as the surviving spouse of the party.

(5)     Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences resulting to the other party if the bifurcation results in the loss of the other party's rights to pension benefits, elections, or survivors' benefits under the party's pension or retirement plan to the extent that the other party would have been entitled to those benefits or elections as the surviving spouse of the party.

(6)     The party shall cause the party's retirement or pension plan to be joined as a party to the proceeding for dissolution, and if the party has a private pension plan covered by ERISA, then the party shall cause a qualified domestic relations order, as defined in Section 1056 of Title 29 of the United States Code, to be served upon the party's pension plan.

(7)The party shall indemnify and hold the other party harmless from any
adverseconsequences if the bifurcation results in the loss of rights to social
securitybenefits or elections to the extent the other party would have been entitled to those benefits or elections as the surviving spouse of the party.
     
(8)Any other condition the court determines is just and equitable.

(c)A judgment granting a dissolution of the status of the marriage shall
expressly reserve jurisdiction for later determination of all other pending issues. (Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

¤ 2338. Decision, judgments
(a) In i proceeding for dissolutign Qf the marriage or legal separation of the parties, the court shall file its decision and any statement of decision as in other cases.
(b)     If the court determines that no dissolution should be granted, a judgment to that effect only shall be entered.
(c)     If the court determines that a dissolution should be granted, a judgment of dissolution of marriage shall be entered. After the entry of the judgment and before it becomes final, neither party has the right to dismiss the proceeding without the consent of the other.

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

¤ 2339. Finality of judgment; waiting period

(a)     Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.

(b)     The court may extend the six-month period described in subdivision (a) for good cause shown.

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

¤ 2344. Death of party after entry of judgment

(a)     The death of either party after entry of the judgment does not prevent the judgment from becoming a final judgment under Sections 2339 to 2343, inclusive.

(b)     Subdivision (a) does not validate a marriage by either party before the judgment becomes final, nor does it constitute a defense in a criminal prosecution against either party.

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

¤ 2500. Construction of division

Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.

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

¤ 2501. Community estate

"Community estate" includes both the community and quasi-community as-
sets and liabilities of the parties.

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

¤ 2502. Separate property
"Separate property" does not include quasi-community property. (Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)
¤ 2550. Manner of division of community estate

Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally. (Stats.1992, c. 162 (A.B. 2650), ¤ 10, operative Jan. 1, 1994.)

¤ 2551. Characterization of liabilities; confirmation or assignment

For the purposes of division and in confirming or assigning the liabilities of the parties for which the community estate is liable, the court shall characterize liabilities as separate or community and confirm or assign them to the parties in accordance with Part 6 (commencing with Section 2620).

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

¤ 2552. Valuation of assets and liabilities

(a)     For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision (b), the court shall value the assets and liabilities as near as practicable to the time of trial.
(b)     Upon 30 days' notice by the moving party to the other party, the court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner.

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

¤ 2553. Powers of court

The court may make any orders the court considers necessary to carry out the purposes of this division.

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

¤ 2554. Failure to agree to voluntary division of property; submission to arbitration

(a)     Notwithstanding any other provision of this division, in any case in which the parties do not agree in writing to a voluntary division of the community estate of the parties, the issue of the character, the value, and the division of the community estate may be submitted by the court to arbitration for resolution pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, if the total value of the community and quasi-community property in controversy in the opinion of the court does not exceed fifty thousand dollars ($50,000). The decision of the court regarding the value of the community and quasi-community property for purposes of this section is not appealable.

(b)     The court may submit the matter to arbitration at any time it believes the parties are unable to agree upon a division of the property.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 2555. Disposition of community estate; revision on appeal

The disposition of the community estate, as provided in this division, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.

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

¤ 2556. Community property or debts; continuing jurisdiction

In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability.

¤ 2580. Division of property; presumptions

     (a)     For the purpose of division of property upon dissolution of marriage or legal separation of the parties:

     (1)     Property acquired by the parties during marriage on or after January 1, 1984, and before January 1, 1987, in joint tenancy form is presumed to be
communityproperty.

     (2)Property acquired by the parties during marriage on or after January 1,
1987, injoint form, including property held in tenancy in common, joint tenancy,
tenancy by the entirety, or as community property is presumed to be community property.

     lb) The presumptions under subdivision (a) are presumptions affecting the burden of proof and may be rebutted by either of the following:

     (1)     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.

(2)Proof that the parties have made a written agreement that the property is
separateproperty.

(c)Nothing in this section affects the character of property acquired by
married persons that is not described in subdivision (a). (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)
¤ 2600. Powers of court

     Notwithstanding Sections 2550 to 2552, inclusive, the court may divide the community estate as provided in this part.

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

¤ 2601. Conditional award of an asset of the community estate to one party

     Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate.

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

¤ 2602. Additional award or offset against existing property; award of
     amount determined to have been misappropriated

     As an additional award or offset against existing property, the court may award, from a party's share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate.

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

¤ 2603. Community estate personal injury damages; assignment

     (a)     "Community estate personal injury damages" as used in this section means all money or other property received or to be received by a person in satisfaction of a judgment for damages for the person's personal injuries or pursuant to an agreement for the settlement or compromise of a claim for the damages, if the cause of action for the damages arose during the marriage but is
not separate property as described in Section 781, unless the money or other property has been commingled with other assets of the community estate.

lb) Community estate personal injury damages shall be assigned to the party who suffered the injuries unless the court, after taking into account the economic condition and needs of each party, the time that has elapsed since the recovery of the damages or the accrual of the cause of action, and all other facts of the case, determines that the interests of justice require another disposition. In such a case, the community estate personal injury damages shall be assigned to the respective parties in such proportions as the court determines to be just, except that at least one-half of the damages shall be assigned to the party who suffered the injuries. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 2604. Community estates of less than $5,000; award of entire estate

If the net value of the community estate is less than five thousand dollars ($5,000) and one party cannot be located through the exercise of reasonable diligence, the court may award all the community estate to the other party on conditions the court deems proper in its judgment of dissolution of marriage or legal separation of the parties.

(Stats.1992, c. 16P (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 2610. Retirement plans; orders to assure benefits

The court shall make whatever orders are necessary or appropriate to ensure that each party receives the party's full community property share in any retirement plan, whether public or private, including all survivor and death benefits, including, but not limited to, any of the following:
(a)Order the division of any retirement benefits payable upon or after the
death ofeither party in a manner consistent with this division.

lb)Order a party to elect a survivor benefit annuity or other similar election for the benefit of the other party, as specified by the court, in any case in which a retirement plan provides for such an election.
(c)Order the division of accumulated community property contributions and
servicecredit as provided in Article 1.2 (commencing with Section 21215) of
Chaptor9 of Pirt 3 of Divi3ion 5 gf Titlg 2 pf the Government Code.

(d)Order the division of community property rights in accounts with the State
Teachers' Retirement System pursuant to Chapter 7.5 (commencing with Section 22650) of Part 13 of the Education Code.

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

¤ 2620. Community estate debts; confirmation or division

The debts for which the community estate is liable which are unpaid at the time of trial, or for which the community estate becomes liable after trial, shall be confirmed or divided as provided in this part.

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

¤ 2621. Premarital debts: confirmation

Debts incurred by either spouse before the date of marriage shall be con-
firmed without offset to the spouse who incurred the debt.

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

¤ 2622. Marital debts incurred before the date of separation; division

     (a)     Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be divided as set forth in Sections 2550 to 2552, inclusive, and Sections 2601 to 2604, inclusive.

     (b)     To the extent that community debts exceed total community and quasi-
community assets, the excess of debt shall be assigned as the court deems just and equitable, taking into account factors such as the parties' relative ability to pay.

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

¤ 2623. Marital debts incurred after the date of separation; confirmation

     Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as follows:

     (a)     Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties' respective needs and abilities to pay at the time the debt was incurred.
     (b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.

(Stats.1993, c. 219, ¤ 113, operative Jan. 1, 1994.)

¤ 2624. Marital debts incurred after entry of judgment of dissolution or after entry of judgment of legal separation; confirmation

     Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties' marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt.

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

¤ 2625. Separate debts Incurred before date of separation; confirmation

     Notwithstanding Sections 2620 to 2624, inclusive, all separate debts, including those debts incurred by a spouse during marriage and before the date of separation that were not incurred for the benefit of the community, shall be confirmed without offset to the spouse who incurred the debt.

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

¤ 2626. Reimbursements

     The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial.

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

¤ 2627. Educational loans; liabilities for death or injuries; assignment

     Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, educational loans shall be assigned pursuant to Section 2641 and

liabilities subject to paragraph (2) of subdivision lb) of Section 1000 shall be assigned to the spouse whose act or omission provided the basis for the liability, without offset.

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

¤ 2640. Contributions to the acquisition of the property; waivers; amount of reimbursement

(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.

lb) In the division of community estate property acquired on or after January 1, 1984, by the parties during marriage unless a party has made a written waiver of the right to reimbursement or 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.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 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 edu-
cation 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 residentoutside this state.

(b)Subject to the limitations provided in this section, upon dissolution of

marriageor 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.)

¤ 2650. Jurisdiction; division of real and personal property; applicability of
     section

     In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests of the parties in real and personal property, wherever situated and whenever acquired, held by the parties as joint tenants or tenants in common. The property shall be divided together with, and in accordance with the same procedure for and limitations on, division of community estate.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 2660.Division of real property situated in another state

     (a)Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi-community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state.

     (b)     If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division:

     (1)     Require the parties to execute conveyances or'take other actions with respect to the real property situated in the other state as are necessary.

     (2)     Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken.

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

¤ 3585. Severability of child support provisions; orders based on agreements

The provisions of an agreement between the parents for child support shall be deemed to be separate and severable from all other provisions of the agreement relating to property and support of the wife or husband. An order for child support based on the agreement shall be law-imposed and shall be made under the power of the court to order child support.

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

¤ 3590. Severability of support provisions; orders based on agreements

The provisions of an agreement for support of either party shall be deemed to be separate and severable from the provisions of the agreement relating to property. An order for support of either party based on the agreement shall be law-imposed and shall be made under the power of the court to order spousal support.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 3591. Modification or termination of agreements

(a)     Except as provided in subdivisions (b) and (c), the provisions of an agreement for the support of either party are subject to subsequent modification or termination by court order.

(b)     An agreement may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.

(c)     An agreement for spousal support may not be modified or revoked to the extent that a written agreement, or, if there is no written agreement, an oral agreement entered into in open court between the parties, specifically provides that the spousal support is not subject to modification or termination. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 3650. Support order

"Support order" as used in this chapter means a child, family, or spousal support order.

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



¤ 3800. Definitions

     As used in this chapter:
     (a)"Custodial parent" means a party awarded physical custody of a child.

     (b)"Deferred sale of home order" means an order that temporarily delays the
sale and awards the temporary exclusive use and possession of the family home
to a custodial parent of a minor child or child for whom support is authorized under Sections 3900 and 3901 or under Section 3910, whether or not the custodial parent has sole or joint custody, in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the welfare of the child.

(c)     "Resident parent" means a party who has requested or who has already been awarded a deferred sale of home order.

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

¤ 3801. Determination of economic feasibility of deferred sale

(a)     If one of the parties has requested a deferred sale of home order pursuant to this chapter, the court shall first determine whether it is economically feasible to maintain the payments of any note secured by a deed of trust, property taxes, insurance for the home during the period the sale of the home is deferred, and the condition of the home comparable to that at the time of trial.

     (b)In making this determination, the court shall consider all of the following:

     (1)The resident parent's income.

     (2)The availability of spousal support, child support, or both spousal and

child support.

     (3)Any other sources of funds available to make those payments.

     (c)It is the intent of the Legislature, by requiring the determination under this
section, to do all of the following:
(1)     Avoid the likelihood of possible defaults on the payments of notes and resulting foreclosures.
     (2)Avoid inadequate insurance coverage.

     (3)Prevent deterioration of the condition of the family home.

     (4)Prevent any other circumstance which would jeopardize both parents'
equity in the home.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

¤ 3802. Grant or denial of order; discretion of court

(a)     If the court determines pursuant to Section 3801 that it is economically feasible to consider ordering a deferred sale of the family home, the court may grant a deferred sale of home order to a custodial parent if the court determines that the order is necessary in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the child.

(b)     In exercising its discretion to grant or deny a deferred sale of home order, the court shall consider all of the following:
     (1)The length of time the child has resided in the home.

     (2)The child's placement or grade in school.

     (3)The accessibility and convenience of the home to the child's school and
other services or facilities used by and available to the child, including child care.

(4)     Whether the home has been adapted or modified to accommodate any physical disabilities of a child or a resident parent in a manner that a change in residence may adversely affect the ability of the resident parent to meet the needs of the child.

     (5)     The emotional detriment to the child associated with a change in residence.

     (6)     The extent to which the location of the home permits the resident parent to continue employment.

     (7)The financial ability of each parent to obtain suitable housing.

     (8)The tax consequences to the parents.

     (9)The economic detriment to the nonresident parent in the event of a
deferred sale of home order.

     (10)     Any other factors the court deems just and equitable. (Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)
¤ 3803. Contents of order

     A deferred sale of home order shall state the duration of the order and may include the legal description and assessor's parcel number of the real property which is subject to the order.

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

¤ 3804. Recordation of order

     A deferred sale of home order may be recorded in the office of the county recorder of the county in which the real property is located.

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

¤ 3805. Orders considered to constitute additional child support

     A deferred sale of home order may be considered to constitute additional child support pursuant to subdivision lb) of Section 4055.

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

¤ 3806. Payment of maintenance and capital improvement costs; order

     The court may make an order specifying the parties' respective responsibilities for the payment of the costs of routine maintenance and capital improvements.

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

¤ 3807. Time for modification or termination of orders; exceptions

     Except as otherwise agreed to by the parties in writing, a deferred sale of home order may be modified or terminated at any time at the discretion of the court.

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

¤ 3808. Remarriage or other change in circumstances; rebuttable presump-
tion

     Except as otherwise agreed to by the parties in writing, if the party awarded the deferred sale of home order remarries, or if there is otherwise a change in circumstances affecting the determinations made pursuant to Section 3801 or 3802 or affecting the economic status of the parties or the children on which the award is based, a rebuttable presumption, affecting the burden of proof, is created that further deferral of the sale is no longer an equitable method of minimizing the adverse impact of the dissolution of marriage or legal separation of the parties on the children.
(Stats.1992, c. 162 (A.B.2650), ¤ 10, operative Jan. 1, 1994.)

     A. Jurisdiction to Divide Property

Under Family Code Section 2010, the court has the power to divide the community property and quasi-community property of the parties in dissolution or legal separation proceedings." This necessarily includes the power to classify property as separate or community," but once such classification is made the court has no jurisdiction over the separate property of the spouses." However, Civil Code Section 4800.4 allows the court to divide the separate property interests in jointly held property if either party requests such a division.

"Another jurisdictional issue involves the power of the court to determine property rights in a default proceeding. Prior to the Family Law Act, in order to invoke the jurisdiction of the court to divide community property it was necessary to plead the existence of such property and request a division. A general prayer would support a division if the issues of classification and division had actually been contested, but would not support a division in default proceedings." Although terminology has changed (the divorce complaint is now a petition for dissolution), it appears that the rules regarding pleading the existence of property and request for division should continue to apply, and that a distinction between contested and default proceedings will continue to obtain."