Equal Management and Control under Senate Bill 569: To Have and to Hold Takes on New Meaning in California

This Comment examines the progressive step the California legislature took in 1973 by amending the California community property laws to give equal management and control over the martial community property to both spouses. Several changes were made which will alter the legal relationship between spouses concerning the community and separate property interests of each spouse; between spouses and their creditors in credit transactions; and between spouses and third party claimants in certain tort actions. The purpose of this Comment to isolate and analyzes the direct and indirect ramifications of some of the changes made to the Civil Code and to forecast potential problem areas these changes may create. This Comment focuses on the effect of the new law on post-marital obligations, separate property liability and tort liability emanating from this statute