Chapter 2 - General Rules of Liability

California Family Code — §§ 910-916

Sections (7)

Amended by Stats. 2016, Ch. 114, Sec. 3. (SB 1255) Effective January 1, 2017.

(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 after the date of separation, as defined in Section 70, and before a judgment of dissolution of marriage or legal separation of the parties.

§ 911

Amended by Stats. 1999, Ch. 991, Sec. 42.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.

(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

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(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

Amended by Stats. 2016, Ch. 114, Sec. 4. (SB 1255) Effective January 1, 2017.

(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 before the date of separation of the spouses.

(2)Except as provided in Section 4302, a debt incurred for common necessaries of life of the person’s spouse after the date of separation of the spouses.

(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 of the Code of Civil Procedure 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 of the Code of Civil Procedure, as applicable, shall apply.

(d)For purposes of this section, “date of separation” has the same meaning as set forth in Section 70.

§ 915

Amended by Stats. 1993, Ch. 219, Sec. 100.5. Effective January 1, 1994.

(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

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(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.