What is the effect of section 5127 of the Ontario Civil Code on a husband's ability to obtain community property from his wife during the course of their marriage?

California, United States of America


The following excerpt is from Droeger v. Friedman, Sloan & Ross, 283 Cal.Rptr. 584, 54 Cal.3d 26, 812 P.2d 931 (Cal. 1991):

The restriction that section 5127 imposes is the same as that imposed by its predecessor, former Civil Code section 172a. The only difference is that section 5127 imposes the restriction equally on both spouses rather than on the husband alone. There has been no change in the essential purpose of section 5127, namely, to protect one spouse from the other's fraudulent or improvident expenditures of community property "during the continued existence of the [812 P.2d 949] marriage relation...." (Stewart v. Stewart, supra, 199 Cal. at p. 340, 249 P. 197.)

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