-- Last revised 01/23/24 --
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.
Related Material
- Legislation
- Final Recommendation
- Tentative Recommendation
- Staff Memoranda
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Legislation
-
2001: Assembly Bill 873 (Harman) -- Bill information at Legislative Counsel's website
Enacted. 2001 Cal. Stat. ch. 417
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Final Recommendation
- Recommendation -- Estate Planning During Marital Dissolution (10/15/2000)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Estate Planning During Marital Dissolution (February 2000)
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Staff Memoranda
- Memo 2001-39 -- AB 873 (Harman) -- Estate Planning and Dissolution of Marriage (5/9/2001)
- Memo 2001-37 -- Estate Planning and Dissolution of Marriage: AB 873 (Harman) (3/21/2001)
- Memo 2000-60, Supp. 3 -- Estate Planning During Marital Dissolution (Comment of Christopher Moore) (10/4/2000)
- Memo 2000-60, Supp. 2 -- Estate Planning During Marital Dissolution (Comments of Beverly Hills Bar Association) (9/28/2000)
- Memo 2000-60, Supp. 1 -- Estate Planning During Dissolution of Marriage (Comments on Draft Recommendation) (9/26/2000)
- Memo 2000-60 -- Estate Planning During Dissolution of Marriage (Draft of Recommendation) (8/11/2000)
- Memo 2000-51, Supp. 3 -- Estate Planning During Dissolution of Marriage: Comments of James R. Birnberg [Not distributed; superseded by Memorandum 2000-60] (7/19/2000)
- Memo 2000-51, Supp. 2 -- Estate Planning During Dissolution of Marriage: Comments of Beverly Hills Bar Association [Superseded by Memorandum 2000-60] (7/18/2000)
- Memo 2000-51, Supp. 1 -- Estate Planning During Dissolution of Marriage: Comments of Marshal Oldman [Superseded by Memorandum 2000-60] (7/7/2000)
- Memo 2000-51 -- Estate Planning During Dissolution of Marriage (Draft of Recommendation) [Superseded by Memorandum 2000-60] (6/28/2000)
- Memo 99-84, Supp. 1 -- Changes in Estate Plan During Marital Dissolution (1/19/2000)
- Memo 99-84 -- Estate Planning During Dissolution of Marriage (Draft Tentative Recommendation) (11/3/99)