California Family Code 914 – (a) Notwithstanding Section 913, a married person is personally …
(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.
Terms Used In California Family Code 914
- Community estate: includes both community property and quasi-community property. See California Family Code 63
- Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
California Family Code 70
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Probate: Proving a will
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(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 § 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 § 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 § 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.
(Amended by Stats. 2016, Ch. 114, Sec. 4. (SB 1255) Effective January 1, 2017.)