California Codes

Cal. Family Code § 771 (2026)

✓ current as of May 2026

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(a)The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse.

(b)Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child.

Notes of Decisions

Cited in 33 cases (8 in the last 5 years), 1997–2023 · leading case: Norviel v. Norviel, 102 Cal. App. 4th 1152 (Cal. Ct. App. 2002).

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Norviel v. Norviel, 102 Cal. App. 4th 1152 (Cal. Ct. App. 2002). · cites it 5× “) 1 In this case, the economic consequences of the determination are substantial, even though the period between the disputed dates is relatively short: Between the end of June and the middle of September 1998, Husband earned stock options worth a considerable sum.”

Alfred Minasyan v. Alberto R. Gonzales, Attorney Gen., 401 F.3d 1069 (9th Cir. 2005). · cites it 2× “(citing Cal. Fam.Code § 771(a)) (alterations in original); see also Marsden, 130 Cal.”

Burwell v. Burwell, 221 Cal. App. 4th 1 (Cal. Ct. App. 2013). “” (Fam. Code, § 771, subd. (a).) But “property attributable to community earnings must be divided equally when the community is dissolved.”

Marriage of Davis, 352 P.3d 401 (Cal. 2015). “I agree with today‘s opinion that the phrase ―living separate and apart‖ in Family Code section 771, subdivision (a) (hereafter section 771(a)) ―refers to a situation in which spouses are living in separate residences and at least one of them has the subjective intent to end the…”

In Re Marriage of Peters, 97 Cal. Daily Op. Serv. 1506 (Cal. Ct. App. 1997). “Peters (Joy) 2 appeals from the judgment establishing the date of separation (Fam. Code, § 771 [undesignated section references will be to this code]) from Eric W.”

Iredale v. Cates, 121 Cal. App. 4th 321 (Cal. Ct. App. 2004). “(Fam. Code, § 771.) The fact that the parties agreed for purposes of trial to value Iredale’s law practice interest as of January 31, 1999, does not convert her demonstrably separate earnings into community property.”

In re Marriage of Gréaux & Mermin, 223 Cal. App. 4th 1242 (Cal. Ct. App. 2014). “) To be sure, all postseparation earnings are separate property under California law (Fam. Code, § 771), and “the expectancy of future earnings is not synonymous with and should not be the basis for determining the value of goodwill in a community property business.”

Levin v. Carlton, 2009 UT App 170 (Utah Ct. App. 2009). “" Cal. Fam.Code § 771(a) (Deer- *892 ing 2008).”

Minasyan v. Gonzales (9th Cir. 2005). · cites it 2× “(citing Cal. Fam. Code § 771 (a)) (alter- ations in original); see also Marsden, 130 Cal.”

In re: Mardiros Haig Mihranian (9th Cir. BAP 2017). “21 3 Haig asserts that Mihranian and Susan separated in 1998, 22 divorced in 2015, and did not accrue any community property after 23 the 1998 separation date pursuant to Cal. Fam. Code § 771 (a). Leslie alleged that Mihranian and Susan did not really separate 24 in 1998, that…”

In re: Mardiros Haig Mihranian (9th Cir. BAP 2017). “21 3 Susan asserts that she and Mihranian separated in 1998, 22 divorced in 2015, and did not accrue any community property after 23 the 1998 separation date pursuant to Cal. Fam. Code § 771 (a). Leslie alleged that Mihranian and Susan did not really separate 24 in 1998, that…”

In re: Mardiros Haig Mihranian (9th Cir. BAP 2017). “21 3 Michael asserts that Mihranian and Susan separated in 1998, 22 divorced in 2015, and did not accrue any community property after 23 the 1998 separation date pursuant to Cal. Fam. Code § 771 (a). Leslie alleged that Mihranian and Susan did not really separate 24 in 1998,…”

Show all 33 citing cases →

— Cal. Family Code § 771(a) — 4 cases

Alfred Minasyan v. Alberto R. Gonzales, Attorney Gen., 401 F.3d 1069 (9th Cir. 2005). “(citing Cal. Fam.Code § 771(a)) (alterations in original); see also Marsden, 130 Cal.”

Levin v. Carlton, 2009 UT App 170 (Utah Ct. App. 2009). “" Cal. Fam.Code § 771(a) (Deer- *892 ing 2008).”

Doe v. Johnson (S.D. Cal. 2021).

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