Store Research
Assembly Bill 861 (Tran-2007)
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AB 861, c. 141: Dissolution of marriage; estates and trusts. Revises, recasts, and expands the conditions a court may impose when severing the issue of marital status from the property division and other issues in a dissolution proceeding. These conditions, intended to preserve the economic rights and community property interests of the parties, have been affected by recent changes to the Probate Code that void a nonprobate transfer of assets, made by a decedent during marriage to a former spouse, absent clear and convincing evidence that the transferor spouse intended to maintain the designation of the transferee spouse as the beneficiary. Updates the Family Code with respect to those changes. Also, empowers the court to fashion other orders to protect the community property and other interests of the spouses or domestic partners prior to final resolution of property issues.