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 2012
§ 914.
(a) Notwithstanding Section 913, a married person is personally liable for the following debts incurred by the person's spouse during marriage:
(1) A debt incurred for necessaries of life of the person's spouse while the spouses are living together.
(2) Except as provided in Section 4302, a debt incurred for common necessaries of life of the person's spouse while the spouses are living separately.
(b) The separate property of a married person may be applied to the satisfaction of a debt for which the person is personally liable pursuant to this section. If separate property is so applied at a time when nonexempt property in the community estate or separate property of the person's spouse is available but is not applied to the satisfaction of the debt, the married person is entitled to reimbursement to the extent such property was available.
(c) (1) Except as provided in paragraph (2), the statute of limitations set forth in Section 366.2 of the Code of Civil Procedure shall apply if the spouse for whom the married person is personally liable dies .
(2) If the surviving spouse had actual knowledge of the debt prior to expiration of the period set forth in Section 366.2 and the personal representative of the deceased spouse's estate failed to provide the creditor asserting the claim under this section with a timely written notice of the probate administration of the estate in the manner provided for pursuant to Section 9050 of the Probate Code, the statute of limitations set forth in Section 337 or 339, as applicable, shall apply.
History. Amended by Stats 2001 ch 702 (AB 539), s 1, eff. 1/1/2002.