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Am I LIABLE for my husband's NURSING HOME DEBT?

Q. Am I liable for my husband's nursing home bills?

Community and both spouse's separate property is liable for the other spouse's "necessaries of life" while the spouses are living together, and even when they are living separately - unless they are living separately by agreement within the meaning of Family Code section 4302. If this occurs at a time when there is no community property but the other spouse does have separate property, there is a right of reimbursement for a period of time (i.e., if the other spouse dies there is a time limit on seeking reimbursement).

Note that spouses each owe a duty to support the other out of their own separate property if there is no community property. Family Code section 4301.

"Necessaries of life" include food, shelter, clothing, and the expenses of a final illness.

Thurman W. Arnold III


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Address: 225 South Civic Drive Suite 1-3 Palm Springs, CA 92262 Phone: (760) 320-7915