ARTICLE 5. Privilege for Confidential Marital Communications [980. - 987.]

Law Codes -> Evidence Code -> Article 980 to 987

• 980.

  Subject to Section 912 and except as otherwise provided in this article, a spouse (or his guardian or conservator when he has a guardian or conservator), whether or not a party, has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if he claims the privilege and the comunication was made in confidence between him and the other spouse while they were husband and wife.

• 981.

  There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud.

• 982.

  There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.

• 983.

  There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence.

• 984.

  There is no privilege under this article in:

  (a)A proceeding brought by or on behalf of one spouse against the other spouse.

  (b)A proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction.

• 985.

  There is no privilege under this article in a criminal proceeding in which one spouse is charged with:

  (a)A crime committed at any time against the person or property of the other spouse or of a child of either.

  (b)A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.

  (c)Bigamy.

  (d)A crime defined by Section 270 or 270a of the Penal Code.

• 986.

  There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.

• 987.

  There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.