California Family Law Attorney

Liability of Separate Property for Separate Debts

According to FC section 913, a married person's separate property is liable for their own separate debts whether incurred before or during marriage. Unless otherwise provided for by statute (i.e., section 914), their separate property is not liable for a separate debt incurred by the person's spouse before or during marriage. The joinder or consent of a married person to a secured community property debt does not subject that person's separate property to liability for the debt unless that person also incurred the debt.

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CALIFORNIA FAMILY CODE

Family Code section 913

(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:
(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.