SECTIONS 760-761 - California Statutes

FAMILY.CODE

SECTION 760-761

760. Except as otherwise provided by statute, all property, real or
personal, wherever situated, acquired by a married person during the
marriage while domiciled in this state is community property.

761. (a) Unless the trust instrument or the instrument of transfer
expressly provides otherwise, community property that is transferred
in trust remains community property during the marriage, regardless
of the identity of the trustee, if the trust, originally or as
amended before or after the transfer, provides that the trust is
revocable as to that property during the marriage and the power, if
any, to modify the trust as to the rights and interests in that
property during the marriage may be exercised only with the joinder
or consent of both spouses.
(b) Unless the trust instrument expressly provides otherwise, a
power to revoke as to community property may be exercised by either
spouse acting alone. Community property, including any income or
appreciation, that is distributed or withdrawn from a trust by
revocation, power of withdrawal, or otherwise, remains community
property unless there is a valid transmutation of the property at the
time of distribution or withdrawal.
(c) The trustee may convey and otherwise manage and control the
trust property in accordance with the provisions of the trust without
the joinder or consent of the husband or wife unless the trust
expressly requires the joinder or consent of one or both spouses.
(d) This section applies to a transfer made before, on, or after
July 1, 1987.
(e) Nothing in this section affects the community character of
property that is transferred before, on, or after July 1, 1987, in
any manner or to a trust other than described in this section.