Fam. Code, § 721 · Chapter 2. Relation of Spouses
Fam. Code, § 721
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Subject to subdivision (b), either spouse may enter into any transaction with the other, or with any other person, respecting property, which either might if unmarried.
(b) Except as provided in Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code, in transactions between themselves, spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital business partners, as provided in Sections 16403, 16404, and 16503 of the Corporations Code, including, but not limited to, the following:
(1) Providing each spouse access at all times to any books kept regarding a transaction for the purposes of inspection and copying.
(2) Rendering upon request, true and full information of all things affecting any transaction that concerns the community property. Nothing in this section is intended to impose a duty for either spouse to keep detailed books and records of community property transactions.
(3) Accounting to the spouse, and holding as a trustee, any benefit or profit derived from any transaction by one spouse without the consent of the other spouse that concerns the community property.
Notes and commentary — not statutory text
History
Amended by Stats. 2019, Ch. 43, Sec. 1. (AB 327) Effective January 1, 2020.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=721.
- Text hash
- sha256 fca0164ea76299f4f8d05239c1b794bb7740f5f8c75ad2fb7f080b9d49c2f48c
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Corporations Code
Probate Code
- Prob. Code, § 143Printed as Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code
- Prob. Code, § 144Printed as Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code
- Prob. Code, § 146Printed as Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code
- Prob. Code, § 16040Printed as Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code
- Prob. Code, § 16047Printed as Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code
- Prob. Code, § 21385Printed as Sections 143, 144, 146, 16040, 16047, and 21385 of the Probate Code
Cited by 8 provisions
Provisions in this library whose text cites Fam. Code, § 721. Each shows the citation as that text prints it.
Family Code
Probate Code
- Prob. Code, § 143Printed as Section 721 of the Family Code
- Prob. Code, § 144Printed as Section 721 of the Family Code
- Prob. Code, § 146Printed as Section 721 of the Family Code
- Prob. Code, § 3057Printed as Sections 721 and 1100 of the Family Code
- Prob. Code, § 21385Printed as Section 721 of the Family Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.