FC section 752 - "Separate Property; Interest of Parties"

THURMAN'S CALIFORNIA DIVORCE TIPS -

FAMILY CODE SECTION 752

Did you know that not only is the idea that the separate property of married persons is secured by statute, but it is also enshrined as Section 21 of the California State Constitution? Section 21 states "Property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property." There is no similar reference to community property in our Constitution. See also Family Code section 770.

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CALIFORNIA FAMILY CODE

PROPERTY RIGHTS DURING MARRIAGE

Family Code Section 752

Except as otherwise provided by statute, neither husband nor wife has any interest in the separate property of the other.

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