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

Cal. Evidence Code - EVID 5.

in effect

Cal. Evidence Code - EVID § 980. Section 980.

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

Cal. Evidence Code - EVID § 981. Section 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.

Cal. Evidence Code - EVID § 982. Section 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.

Cal. Evidence Code - EVID § 983. Section 983.

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

Cal. Evidence Code - EVID § 984. Section 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.

Cal. Evidence Code - EVID § 985. Section 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.

Cal. Evidence Code - EVID § 986. Section 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.

Cal. Evidence Code - EVID § 987. Section 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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026