(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.

Terms Used In California Family Code 771

  • Contract: A legal written agreement that becomes binding when signed.
  • Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

    California Family Code 70

  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143

(Amended by Stats. 2016, Ch. 114, Sec. 2. (SB 1255) Effective January 1, 2017.)

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