A married person may be sued without his or her spouse being joined as a party, and may sue without his or her spouse being joined as a party in all actions.
§ 370.Generally
Title 3. Of the Parties to Civil Actions · Chapter 2. Married Person · Last amended 1975 · Last verified July 28, 2026
In one sentenceSection 370 allows a married person to sue or be sued in any civil action without joining his or her spouse as a party, replacing an older common-law joinder requirement.
Full Text of § 370
Plain-English Summary
Section 370 states a rule that is easy to take for granted today but once marked a real change in procedure: a married person can sue, or be sued, without bringing the spouse into the case. Older common-law practice often required a spouse to join in litigation involving the other spouse's rights or obligations; this section eliminates that requirement across the board.
The rule applies in both directions -- a married plaintiff need not join a spouse to sue, and a married defendant can be sued alone without the spouse being brought in as a party. Section 371 addresses the different situation where both spouses are named as defendants and one fails to defend.
Frequently Asked Questions
Does a married person need a spouse's involvement to file a civil lawsuit in California?
No. Section 370 allows a married person to sue without joining his or her spouse as a party.
Can a married person be sued alone, without the spouse also being named?
Yes. Section 370 allows a married person to be sued without the spouse being joined as a party.
Does § 370 resolve who owns property at issue in the lawsuit?
No. Section 370 addresses joinder of a spouse as a party; it does not decide substantive questions about jointly owned property, which are governed by separate community-property and title law.
Amendment History
Amended by Stats. 1975, Ch. 1241.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: married person lawsuit californiasuing a married person without spouse californiaspouse joinder civil action