A Cauldron of Anger: The Spreckels Family and Reform of California Community Property Law
Charlotte K. Goldberg
Loyola Law School Los Angeles
Western Legal History, Vol. 12, No. 2, pp. 242-279, Summer/Fall 1999
Loyola-LA Legal Studies Paper No. 2006-38
In 1891, the California legislature passed the first law that gave a wife some measure of control over disposition of a married couple's community property. Up until that time, the husband was considered both the owner and manager of the community property and the wife's interest was considered a "mere expectancy." However, in the famous 1897 case involving the prominent Spreckels family, the California Supreme Court "stripped the amendment of 1891, designed to protect married women, of much of its force."
This article explains both the family feud and the legal wrangling that led to the 1897 court case. It also examines the history of the demise of the "mere expectancy" concept and the continuing significance of the retroactivity issue in California community property law. Ironically, all the most recent retroactivity decisions of the California Supreme Court were resolved in favor of protecting wives' rights - the exact opposite of the result in the 1897 Spreckels case.
Number of Pages in PDF File: 40Accepted Paper Series
Date posted: November 7, 2006
© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo5 in 0.281 seconds