§ 973 Spousal Testimony Privilege Exceptions

Evidence Code·California

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Key Takeaways

•If you're married and you choose to talk in court against your spouse, you can't refuse to answer questions just because you're married.
•If one spouse sues or is sued for something that helps both of them (like money or property), they can't refuse to talk in court just because they're married.

Example

A husband and wife are fighting in court about who gets to keep their house.

If the husband is asked questions in court about the house, he can't say 'I won't answer because she's my wife.' He has to talk because it's about something they both own.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 973 Spousal Testimony Privilege Exceptions

(a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse in any proceeding, does not have a privilege under this article in the proceeding in which such testimony is given. (b) There is no privilege under this article in a civil proceeding brought or defended by a married person for the immediate benefit of his spouse or of himself and his spouse. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

married person privilege proceeding spouse testifies

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 973.

Key Takeaways

Example

Key Terms

Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References