Store Research
ASSEMBLY BILL 861 (TRAN – 2007)
CHAPTER 141, STATUTES OF 2007, AB 861
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Family Code section 2337 was amended in 2007 following legislative approval of Assembly Bill 861, which affected only this section relating to dissolution of marriage. (See Exhibit #1e) This bill as introduced on February 22, 1007 by Assembly member Van Tran for the Family Law Section of the California State Bar. (See Exhibits #1a and #8, page 1)
Assembly Bill 861 was assigned to both the Assembly Committee on Judiciary and the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #7) The fiscal ramifications of the bill were considered by both the Assembly and Senate Committees on Appropriations. (See Exhibits #5 and #2) Three amendments were made to Assembly Bill 861. (See Exhibits #1b through #1d and #2) Subsequent to legislative approval, Governor Arnold Schwarzenegger signed the bill on July 27, 2007 and it was recorded by the Secretary of State on that day as Chapter 141 of the Statutes of 2007. (See Exhibit #1e)
The Office of Senate Floor Analyses prepared a Third Reading analysis of Assembly Bill 861 as last amended on June 18, 2007 which described this measure as follows:
DIGEST: This bill 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. This bill updates the Family Code with respect to those changes. In addition, this bill 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.
(See Exhibit #8, page 1)