(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:

Terms Used In California Family Code 913

  • Community estate: includes both community property and quasi-community property. See California Family Code 63
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • 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.

(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.

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

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