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HomeFamily CodeDiv. 4Pt. 5Ch. 2Art. 2§ 1617 Tolling During Marriage

§ 1617 Tolling During Marriage

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1617 Tolling During Marriage

This law says that if you have a premarital agreement, you can't sue your spouse over it while you're still married. But if you wait too long after divorce, they might say it's too late.

Key Takeaways

  • •You can't sue over a premarital agreement while you're still married.
  • •After divorce, you still can't wait forever—if you do, the other person might say it's too late.
  • •This law only applies to premarital agreements, not other kinds of contracts.

Example

A couple signs a premarital agreement saying if they divorce, one person gets to keep the house. They stay married for 10 years, then divorce.

During those 10 years, neither can sue over the house agreement. But if the person who was supposed to get the house waits 5 years after the divorce to ask for it, the other person might say, 'You waited too long!'

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

Official Source
View on CA.gov

§ 1617 Tolling During Marriage

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 9, 2026

Key Terms

statute of limitationspremarital agreementtolledlachesestoppel

Related Statutes

  • § 1610 Premarital Agreement Definitions
  • § 1611 Premarital Agreement Requirements
  • § 1612 Premarital Property Rights Agreement
  • § 1613 Premarital Agreement Effectiveness
  • § 1614 Amending Premarital Agreements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 1617.
View Official Source