What is the test for an action brought by one spouse against the other spouse under section 4212 of the California Civil Code?
California, United States of America
The following excerpt is from Marriage of Smyklo, In re, 180 Cal.App.3d 1095, 226 Cal.Rptr. 174 (Cal. App. 1986):
And it has long been held that such an action as is permitted by the above-quoted Civil Code section 4212, may be brought by one of the spouses "at any time during their joint lives." (Our emphasis; Stierlen v. Stierlen (1907) 6 Cal.App. 420, 424, 92 P. 329.)
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