How have courts treated the issue of a spouse's right to make a gift of community property under section 5125(b) of the California Marriage Act?

California, United States of America


The following excerpt is from Willis v. Board of Administration, 181 Cal.App.3d 779, 226 Cal.Rptr. 567 (Cal. App. 1986):

Appellant attempts to equate the choosing of the method of payment of a pension with the making of a gift of community property in order to invoke the rule that "a gift made in violation of section 172 [now 5125(b) ] is, as against the donee, voidable by the wife in its entirety during the husband's lifetime [citations], and to the extent of one-half after his death [citations]." (Fields v. Michael (1949) 91 Cal.App.2d 443, 448, 205 P.2d 402.)

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