Management Powers and Duties under California's Community Property Laws: Recommendations for Reform

In 1975, California adopted a system of equal management of control of community property. Few changes were made, however, to enhance the likelihood that this theoretical equality would in fact be carried out. This Article examines the practical issues that arise under California's equal management and control provisions and recommends changes in those provisions that will ensure equality of rights and responsibilities in practice as well as in theory. Recognizing the societal interests served by the preservation of marriages and the need to prevent escalation of marital disputes, the Article also proposes remedies for spouses who wish to have property disputes resolved during as well as upon termination of marriage.