Cal. Codes » Family Code / DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE / PART 1. GENERAL PROVISIONS / CHAPTER 3. Property Rights During Marriage
California Codes

Cal. Family Code § 751 (2026)

✓ current as of May 2026
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The respective interests of each spouse in community property during continuance of the marriage relation are present, existing, and equal interests.

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1994–2025 · leading case: Patrick v. Alacer Corp., 167 Cal. App. 4th 995 (Cal. Ct. App. 2008).
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Patrick v. Alacer Corp., 167 Cal. App. 4th 995 (Cal. Ct. App. 2008). · cites it 3× “” (Fam. Code, § 751, italics added; cf. D’Elia v.”
Sturm v. Moyer, 243 Cal. Rptr. 3d 556 (Cal. Ct. App. 5th 2019). · cites it 4× “Code, § 760 ), and each spouse's respective interests in community property "are present, existing, and equal" during the marriage ( Fam. Code, § 751 ). However, the Family Code allows a couple by agreement entered into during or before the marriage to change the character of…”
Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009). “, Cal. Fam.Code § 751 (creating community property rights in both spouses); id.”
In Re Jerry W. McIntyre & Waltrout McIntyre Debtors. Waltrout McIntyre v. United States, 222 F.3d 655 (9th Cir. 2000). · cites it 2× “” Cal. Fam.Code § 751 (West 2000). 2 Mrs. McIntyre contends that, under § 751, she has an “exclusive” half-interest in her husband’s pension benefits, that her husband’s own interest in those benefits thus extends only to half of their value, and that the other half (her half)…”
Vick v. DaCORSI, 2003 Cal. Daily Op. Serv. 5968 (Cal. Ct. App. 2003). “) 36 Family Code sections 751, 1101, subdivision (a).”
Cyrousi v. Kashyap, 386 F. Supp. 3d 1278 (C.D. Cal. 2019). “See Cal. Fam. Code § 751 ; Tex. Fam. Code § 3.”
United States v. Richard J. Lester, & Sheila Lester, Petitioner-Claimant-Appellant, 85 F.3d 1409 (9th Cir. 1996). “Lester and Mrs. Lester have an undivided one-half ownership interest in their 3/8 interest in the Indianola property.”
In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. 2016). “California Family Code § 751; see also, 2 Hogoboom and King, California Practice Guide; Family Law, ¶ 8:15 at 8-5 (2015).”
Plys v. Ang (In re Ang), 589 B.R. 165 (Bankr. S.D. Cal. 2018). “" CAL. FAM. CODE § 751. And they each have authority to manage and control the totality of it.”
United States v. Real Prop. Located at Incline Vill., 976 F. Supp. 1327 (D. Nev. 1997). “225 ; Cal. Fam. Code § 751 . 2 Brian Degen married Karyn Marie Peterson in 1981.”
State Bd. of Equalization v. Woo, 98 Cal. Rptr. 2d 206 (Cal. Ct. App. 2000). “” (Fam. Code, § 751.) Ho’s interest in appellant’s earnings was thus not dependent on whether she was employed at the time she executed the agreement.”
Rodgers v. Rodgers, 887 P.2d 269 (Nev. 1994). “225; Cal. Fam. Code §§751 , 760. In other words, where community property law applies, one-half of the community income and community expenses belongs to each spouse.”
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