Cal. Codes » Family Code / DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE / PART 2. CHARACTERIZATION OF MARITAL PROPERTY / CHAPTER 2. Separate Property
California Codes

Cal. Family Code § 770 (2026)

Separate Property

✓ current as of May 2026
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(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.

Notes of Decisions
Cited in 42 cases (13 in the last 5 years), 1995–2026 · leading case: Marr. of Valli, 324 P.3d 274 (Cal. 2014).
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Marr. of Valli, 324 P.3d 274 (Cal. 2014). · cites it 4× “(Fam. Code, § 770, subd. (a)(1).) Property that a spouse acquired during the marriage is community property (id.”
Marriage of Bonvino, 241 Cal. App. 4th 1411 (Cal. Ct. App. 2015). · cites it 2× “(Fam. Code, § 770, subd. (a)(1).) Property that a spouse acquired during the marriage is community property (id.”
Bono v. Clark, 128 Cal. Rptr. 2d 31 (Cal. Ct. App. 2002). “437-439 [premarital appreciation as separate property]; Fam. Code, §§ 770, subd. (a)(1), (3) [premarital acquisitions and profits as separate property], 771 [postseparation earnings and accumulations as separate property].”
In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. 2016). · cites it 2× “OBEDIAN, THE REAL PROPERTY WAS COMMUNITY PROPERTY On one hand, under California Family Code § 770, property that one spouse owned before the marriage is deemed to be that spouse’s separate property.”
In re Marriage of Lafkas, 237 Cal. App. 4th 921 (Cal. Ct. App. 2015). · cites it 2× “(Fam. Code, § 770, subd. (a)(1).) Property that a spouse acquired during the marriage is community property {id.”
In Re Marriage of Haines, 33 Cal. App. 4th 277 (Cal. Ct. App. 1995). “Code, § 5107 [Fam. Code, § 770, subd. (a)(1)].) The Weaver court ruled the husband’s alleged oral agreement transmuting wife’s separate property to community property should be tested by the clear and convincing standard of proof of section 662.”
Ordlock v. Comm'r, 533 F.3d 1136 (9th Cir. 2008). “See Cal. Fam.Code § 770(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…”
United States v. Richard J. Lester, & Sheila Lester, Petitioner-Claimant-Appellant, 85 F.3d 1409 (9th Cir. 1996). “See Cal. Fam.Code § 770(a)(2) ("[sjeparate property of a married person includes .”
California Maryland Funding, Inc. v. Lowe, 37 Cal. App. 4th 1798 (Cal. Ct. App. 1995). · cites it 2× “696 ]; Fam. Code, § 770, subd. (a)(1).) As such, it was the reverend’s separate property to dispose of as he chose.”
Jones v. Steinberger, 91 Cal. App. 4th 1449 (Cal. Ct. App. 2001). “Although the writing accompanying the gift did not satisfy the requirement of Family Code § 852(a), the court nevertheless finds that the ring was a ‘true gift’ and as such, it is the separate property of the recipient, Family Code § 770(a)(2) and § 850, and 852; cases cited in…”
In Re Marriage of Sonne, 48 Cal. 4th 118 (Cal. 2010). “Dalia’s share was placed in a separate nonmember account (Gov.”
Clifford Brace, Jr. v. Steven Speier, 908 F.3d 531 (9th Cir. 2018). “2014); see also Cal. Fam. Code § 770 (a)(1). Property that a spouse acquired during the marriage is community property, “[e]xcept as provided by statute.”
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Cal. Family Code § 770(a): 2 cases
Ordlock v. Comm'r, 533 F.3d 1136 (9th Cir. 2008). “See Cal. Fam.Code § 770(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…”
Pearce v. Briggs (Cal. Ct. App. 2021).
Cal. Family Code § 770(a)(1): 1 case
United States v. Peterson (Crew), 537 F. App'x 3 (2d Cir. 2013).
Cal. Family Code § 770(a)(2): 2 cases
United States v. Richard J. Lester, & Sheila Lester, Petitioner-Claimant-Appellant, 85 F.3d 1409 (9th Cir. 1996). “See Cal. Fam.Code § 770(a)(2) ("[sjeparate property of a married person includes .”
Jones v. Steinberger, 91 Cal. App. 4th 1449 (Cal. Ct. App. 2001). “Although the writing accompanying the gift did not satisfy the requirement of Family Code § 852(a), the court nevertheless finds that the ring was a ‘true gift’ and as such, it is the separate property of the recipient, Family Code § 770(a)(2) and § 850, and 852; cases cited in…”
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