2007 California Family Code Chapter 2. General Rules Of Liability

CA Codes (fam:910-916)

910.  (a) Except as otherwise expressly provided by statute, the
community estate is liable for a debt incurred by either spouse
before or during marriage, regardless of which spouse has the
management and control of the property and regardless of whether one
or both spouses are parties to the debt or to a judgment for the
debt.
   (b) "During marriage" for purposes of this section does not
include the period during which the spouses are living separate and
apart before a judgment of dissolution of marriage or legal
separation of the parties.


911.  (a) The earnings of a married person during marriage are not
liable for a debt incurred by the person's spouse before marriage.
After the earnings of the married person are paid, they remain not
liable so long as they are held in a deposit account in which the
person's spouse has no right of withdrawal and are uncommingled with
other property in the community estate, except property insignificant
in amount.
   (b) As used in this section:
   (1) "Deposit account" has the meaning prescribed in paragraph (29)
of subdivision (a) of Section 9102 of the Commercial Code.
   (2) "Earnings" means compensation for personal services performed,
whether as an employee or otherwise.



912.  For the purposes of this part, quasi-community property is
liable to the same extent, and shall be treated the same in all other
respects, as community property.



913.  (a) The separate property of a married person is liable for a
debt incurred by the person before or during marriage.
   (b) Except as otherwise provided by statute:
   (1) The separate property of a married person is not liable for a
debt incurred by the person's spouse before or during marriage.
   (2) The joinder or consent of a married person to an encumbrance
of community estate property to secure payment of a debt incurred by
the person's spouse does not subject the person's separate property
to liability for the debt unless the person also incurred the debt.




914.  (a) Notwithstanding Section 913, a married person is
personally liable for the following debts incurred by the person's
spouse during marriage:
   (1) A debt incurred for necessaries of life of the person's spouse
while the spouses are living together.
   (2) Except as provided in Section 4302, a debt incurred for common
necessaries of life of the person's spouse while the spouses are
living separately.
   (b) The separate property of a married person may be applied to
the satisfaction of a debt for which the person is personally liable
pursuant to this section.  If separate property is so applied at a
time when nonexempt property in the community estate or separate
property of the person's spouse is available but is not applied to
the satisfaction of the debt, the married person is entitled to
reimbursement to the extent such property was available.
   (c) (1) Except as provided in paragraph (2), the statute of
limitations set forth in Section 366.2 of the Code of Civil Procedure
shall apply if the spouse for whom the married person is personally
liable dies .
   (2) If the surviving spouse had actual knowledge of the debt prior
to expiration of the period set forth in Section 366.2 and the
personal representative of the deceased spouse's estate failed to
provide the creditor asserting the claim under this section with a
timely written notice of the probate administration of the estate in
the manner provided for pursuant to Section 9050 of the Probate Code,
the statute of limitations set forth in Section 337 or 339, as
applicable, shall apply.


915.  (a) For the purpose of this part, a child or spousal support
obligation of a married person that does not arise out of the
marriage shall be treated as a debt incurred before marriage,
regardless of whether a court order for support is made or modified
before or during marriage and regardless of whether any installment
payment on the obligation accrues before or during marriage.
   (b) If property in the community estate is applied to the
satisfaction of a child or spousal support obligation of a married
person that does not arise out of the marriage, at a time when
nonexempt separate income of the person is available but is not
applied to the satisfaction of the obligation, the community estate
is entitled to reimbursement from the person in the amount of the
separate income, not exceeding the property in the community estate
so applied.
   (c) Nothing in this section limits the matters a court may take
into consideration in determining or modifying the amount of a
support order, including, but not limited to, the earnings of the
spouses of the parties.



916.  (a) Notwithstanding any other provision of this chapter, after
division of community and quasi-community property pursuant to
Division 7 (commencing with Section 2500):
   (1) The separate property owned by a married person at the time of
the division and the property received by the person in the division
is liable for a debt incurred by the person before or during
marriage and the person is personally liable for the debt, whether or
not the debt was assigned for payment by the person's spouse in the
division.
   (2) The separate property owned by a married person at the time of
the division and the property received by the person in the division
is not liable for a debt incurred by the person's spouse before or
during marriage, and the person is not personally liable for the
debt, unless the debt was assigned for payment by the person in the
division of the property.  Nothing in this paragraph affects the
liability of property for the satisfaction of a lien on the property.

   (3) The separate property owned by a married person at the time of
the division and the property received by the person in the division
is liable for a debt incurred by the person's spouse before or
during marriage, and the person is personally liable for the debt, if
the debt was assigned for payment by the person in the division of
the property.  If a money judgment for the debt is entered after the
division, the property is not subject to enforcement of the judgment
and the judgment may not be enforced against the married person,
unless the person is made a party to the judgment for the purpose of
this paragraph.
   (b) If property of a married person is applied to the satisfaction
of a money judgment pursuant to subdivision (a) for a debt incurred
by the person that is assigned for payment by the person's spouse,
the person has a right of reimbursement from the person's spouse to
the extent of the property applied, with interest at the legal rate,
and may recover reasonable attorney's fees incurred in enforcing the
right of reimbursement.