Debts and Liabilities: Family Code section 2622
This divorce statute is important to understanding the powers of divorce
judges to divide debts incurred during the marriage, including for instance
debts that were incurred in bad faith as part of a deliberate misappropriation
of property. Also, in negative asset estate cases, it gives trial courts
the discretion to assign debts taking into account the parties' relative
abilities to pay.
CALIFORNIA FAMILY CODE
DIVISION OF PROPERTY
DEBTS AND LIABILITIES
Family Code Section 2622
(a) Except as provided in subdivision (b), debts incurred by either spouse
after the date of marriage but before the date of separation shall be
divided as set forth in Sections
2552, inclusive, and Sections
2601 to 2604, inclusive.
(b) To the extent that community debts exceed total community and quasi-community
assets, the excess of debt shall be assigned as the court deems just and
equitable, taking into account factors such as the parties' relative
ability to pay.