Legal Opinion

Marriage of Davis

California Supreme Court

Decided July 20, 2015No. S215050PublishedCited by 13 opinions

1Opinion of the Court

*849Opinion

CANTIL-SAKAUYE, C. J.

In a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties’ property as community property or separate property. (In re Marriage of Valli (2014) 58 Cal.4th 1396, 1399 [171 Cal.Rptr.3d 454, 324 P.3d 274].) Family Code section 760 provides that all property acquired by the spouses during the marriage is community property “[ejxcept as otherwise provided by statute.” One such statute is Family Code section 771, subdivision (a) (section 771(a)), which provides that “[t]he earnings and…

2Cases cited25 opinions

  1. In Re Marriage of BouquetCalifornia Supreme Court · 1976
  2. MacKinnon v. Truck Insurance ExchangeCalifornia Supreme Court · 2003
  3. In Re Marriage of BondsCalifornia Supreme Court · 2000
  4. Wasatch Property Management v. DegrateCalifornia Supreme Court · 2005
  5. People v. CornettCalifornia Supreme Court · 2012

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3Cited by13 opinions

  1. Travis Gonzales v. Carmax Auto Superstores, LLCCourt of Appeals for the Ninth Circuit · 2016
  2. L. A. Cnty. Dep't of Children & Family Servs. v. Lisa E. (In Re R.T.)California Supreme Court · 2017
  3. People v. Financial Casualty & Surety, Inc.California Court of Appeal · 2017
  4. Irvin v. Contra Costa Cnty. Employees' Ret. Ass'n, California Court of Appeal, 5th District2017
  5. Carloss v. County of AlamedaCalifornia Court of Appeal · 2015

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