Skip to Main Content
Contact Us Search
California Law Revision Commission

-- Last revised 11/12/02 --

Estate Planning During Marital Dissolution - Study L-911

   In a proceeding for dissolution or annulment of marriage, or legal separation, an automatic temporary restraining order restrains both parties from transferring or in any way disposing of any property without the written consent of the other party or an order of the court. The extent to which the ATRO restrained changes to a spouse's estate plan was not clear.
   The Commission recommended that a spouse should not be restrained from making changes to an estate plan if those changes would not dispose of the other spouse's property (e.g., severance of a joint tenancy terminates a mere "expectancy", without affecting either spouse's present property interests). The Commission's recommendation was enacted by the Legislature. See below.
    If you have questions or comments on this study, send an e-mail to Brian Hebert at

Related Material


Top | CLRC Homepage

Final Recommendation

Top | CLRC Homepage

Tentative Recommendations and Other Requests for Comment

Top | CLRC Homepage

Staff Memoranda

Top | CLRC Homepage
Every message sent to you under this subscription will include instructions on how to unsubscribe.

Your email address will not be used for any other purpose.