In In re Marriage of Davis, the Supreme Court a year ago interpreted a statute that determines whether spouses are living together, which affects the status of acquired property. The court concluded that, even if the spouses are living separate lives, “[t]he statute requires the spouses to be living in separate residences in order for their earnings and accumulations to be their separate property.”
The Legislature did not approve of the court’s interpretation. It has passed and the Governor last week signed a bill that specifically says it’s meant to abrogate Davis. This is the way the Legislative Counsel summarizes the legislation: “This bill would define ‘date of separation’ for purposes of the Family Code to mean the date that a complete and final break in the marital relationship has occurred, as evidenced by the spouse’s expression of his or her intent to end the marriage and conduct that is consistent with that intent. The bill would direct a court to take into account all relevant evidence in determining the date of separation.”
The Legislature has voted to overturn Supreme Court decisions before, although the governor has vetoed that kind of legislation more than once.