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