Cal. Family Code § 771 : California Family Code — Rights And Obligations During Marriage — Separate Property — Chapter 2 Separate Property 771 Date: 29 Oct 2015 TEXT PDF Current through 2016 Legislative Session (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse. (b) Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child. Ca. Fam. Code § 771 Amended October 10, 1999 (Bill Number: SB 1162) (Chapter 940).