Chapter 1 Community Property
Chapter 2 Separate Property
Chapter 3 Damages for Injuries to Married Person
Chapter 4 Presumptions Concerning Nature of Property
Chapter 5 Transmutation of Property

Terms Used In California Codes > Family Code > Division 4 > Part 2 - CHARACTERIZATION OF MARITAL PROPERTY

  • Access costs: means living expenses and expenses for transportation, supplies, technology, and books. See California Education Code 69432.7
  • Alarm agent: means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
  • Alarm system: means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police may respond. See California Business and Professions Code 7590.1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Award year: means one academic year, or the equivalent, of attendance at a qualifying institution. See California Education Code 69432.7
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
  • Branch office manager: means an individual designated by the qualified manager to manage the licensee's branch office and who has met the requirements as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
  • City: includes "city and county. See California Insurance Code 15
  • City: includes city and county. See California Business and Professions Code 18
  • Commission: means the Student Aid Commission. See California Education Code 69432.7
  • Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: includes city and county. See California Food and Agricultural Code 29
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes city and county. See California Business and Professions Code 17
  • 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

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7590.1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Firearm permit: means and includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7590.1
  • Firearms permit: means a permit issued by the bureau, pursuant to Article 6 (commencing with Section 7596), to a licensee, a qualified manager, or an alarm agent, to carry an exposed firearm while on duty. See California Business and Professions Code 7590.1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • handler: means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage from curly top virus, as covered by this chapter, which he or she has purchased, or acquired from a producer or which he or she is marketing, selling or processing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. See California Food and Agricultural Code 6032
  • high school grade point average: includes senior year coursework. See California Education Code 69432.7
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Member: means an individual who is a member of a limited liability company as defined in subdivision (p) of Section 17701. See California Business and Professions Code 7590.1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Personal property: All property that is not real property.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action. See California Family Code 110
  • program: means the California Dreamer Service Incentive Grant Program established by this section. See California Education Code 69438
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
  • Qualifying institution: means an institution that complies with paragraphs (2) and (3) and is any of the following:

    California Education Code 69432.7

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registrant: means any person registered or who has applied for registration under this chapter. See California Business and Professions Code 7590.1
  • Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
  • Satisfactory academic progress: means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. See California Education Code 69432.7
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • Statute: A law passed by a legislature.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.