California Family Law Statutes
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. California Family Code Section 760.
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.
California Family Code Section 751.
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. California Family Code Section 2550.
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. California Family Code Section 770.
Individual's Duty of Support
Subject to this division, a person shall support the person's spouse. California Family Code Section 4300.
Support Orders
During the pendency of any proceeding for dissolution of marriage of for legal separation of the parties or under Division 8 (commencing with Section 3000)(custody of children) or in any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order (a) the husband or wife to pay any amount that is necessary for the support of the wife or husband, consistent with the requirements of subdivisions (I) and (m) of Section 4320 and Section 4325, or (b) either or both parents to pay any amount necessary for the support of the child, as the case may be. California Family Code Section 3600.
Legislative findings and declarations; health, safety, and welfare of children
(a) The legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interests of children when making any orders regarding the physical or legal custody or visitation of children. California Family Code Section 3020.
