CALIFORNIA CODES
CALIFORNIA FAMILY CODE
Division 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE
Part 3. LIABILITY OF MARITAL PROPERTY
Chapter 2. GENERAL RULES OF LIABILITY
Current through 2009
§ 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.