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HomeHealth and Safety CodeDiv. 8Pt. 3Ch. 4Art. 1§ 8602 Spousal Interment Rights Protection

§ 8602 Spousal Interment Rights Protection

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8602 Spousal Interment Rights Protection

Key Takeaways

  • •If you're married, your spouse has a right to be buried in a plot you own, even if you sell it.
  • •You can't sell or give away the burial plot without your spouse's written permission.
  • •If you get divorced, your ex-spouse loses this right unless the divorce papers say otherwise.

Example

A husband owns a family burial plot and tries to sell it without telling his wife.

The wife still has the right to be buried there, and the sale isn't valid unless she agrees in writing. If they divorce later, she loses this right unless the divorce papers say she keeps it.

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

Official Source
View on CA.gov

§ 8602 Spousal Interment Rights Protection

No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminates the vested right of interment unless otherwise provided in the decree. (Amended by Stats. 1939, Ch. 339.)

Last verified: January 24, 2026

Key Terms

conveyancemarrieddivorcespouseinterment

Related Statutes

  • § 8601 Spousal Cemetery Interment Rights
  • § 8603 Cemetery Plot Inheritance Rules
  • § 42316 Great Basin Water Air Mitigation
  • § 8600 Property Ownership Presumption
  • § 8625 Joint Tenant Burial Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 8602.
View Official Source