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ASSEMBLY BILL 1460 (MCALISTER – 1984)

CHAPTER 1671, STATUTES OF 1984

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In 1984, Assembly Bill 1460 affected various Civil Code sections and enacted Code of Civil Procedure section 706.109, relating to family law.  (See Exhibit A, #1i)  Assembly Bill 1460 was introduced by Assembly member Alister McAlister at the request of the California Law Revision Commission [hereinafter referred to as “the CLRC” or “the Commission”].  (See Exhibit A, #7b and #14, documents A 1, A 3, A 23, and A 25)  It appears that the Commission had worked on the bill extensively for a number of years.  (See Exhibit A, #14, document A 3)

While before the Legislature, the measure was heard in the Assembly and Senate Committees on Judiciary.  (See Exhibit A, #3 and #7)  This bill was amended seven times as it was considered by the Assembly and the Senate.  (See Exhibit A, #1b through #1h and #2)  Subsequent to legislative approval, Assembly Bill 1460 was signed by Governor George Deukmejian on September 30, 1984, and it was recorded by the Secretary of State on that date as Chapter 1671 of the Statutes of 1984.  (See Exhibit A, #1i and #2) 

The purpose of Assembly Bill 1460 was noted in the analysis of the Senate Committee on Judiciary as follows:

Existing law defines community property and separate property and draws distinctions which are significant when a creditor attempts to satisfy a debt out of marital property which may have been acquired by using both community and separate funds.

This bill would make several technical and substantive changes affecting creditors’ rights against marital property.
The purpose of this bill is to revise and reorganize the law pertaining to the liability of marital property for debts accrued during marriage.
(See Exhibit A, #7a, pages 1 and 2)