FC Section 1000 - Liability for Personal Injuries

Liability Rules for Torts of Spouses

Generally, a married person is not liable for injury or damage caused by the other spouse simply because of the fact of marriage; however, the community estate may be liable. If the liability arises while the other married person was acting for the benefit of the community, the liability must first be satisfied from community property and then if it is exhausted the remaining damages may then be satisfied from that spouse's separate property. If not acting for the benefit of the community, then the wrongdoing spouse's liability must first be paid from their separate property and then, if exhausted, the balance must be paid from the community estate. Section 920 doesn't apply to these situations in terms of limiting the time to seek reimbursement - reimbursement must be sought withn seven years after the a spouse became entitled to seek reimbursement.


CALIFORNIA FAMILY CODE

LIABILITY FOR DEATH OR INJURY

Family Code section 1000

(a) A married person is not liable for any injury or damage caused by the other spouse except in cases where the married person would be liable therefor if the marriage did not exist.
(b) The liability of a married person for death or injury to person or property shall be satisfied as follows:
(1) If the liability of the married person is based upon an act or omission which occurred while the married person was performing an activity for the benefit of the community, the liability shall first be satisfied from the community estate and second from the separate property of the married person.
(2) If the liability of the married person is not based upon an act or omission which occurred while the married person was performing an activity for the benefit of the community, the liability shall first be satisfied from the separate property of the married person and second from the community estate.
(c) This section does not apply to the extent the liability is satisfied out of proceeds of insurance for the liability, whether the proceeds are from property in the community estate or from separate property. Notwithstanding Section 920, no right of reimbursement under this section shall be exercised more than seven years after the spouse in whose favor the right arises has actual knowledge of the application of the property to the satisfaction of the debt.

Testimonials & Endorsements

  • “If you are going through a divorce, The Law Offices of Thurman W. Arnold is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s ...”

    - Josh Arguijo
  • “I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before ...”

    - Jeff Jones
  • “I recently had the pleasure of speaking directly with Mr. Thurman regarding my pending Dissolution of Marriage. While researching legal issue I came across his Family Law Blog multiple times and ...”

    - Marc Rittner
  • “Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and ...”

    - Donika McKelvie
  • “Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly ...”

    - Vincent Hall
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Martindale Gold 2021
  • Martindale 2021
  • California Certified (CBLS)
  • Client Distinction - Thurman
  • Coachella Valley's Top lawyers
  • AAML
  • Super Lawyers - Michael
  • AV Preeminent - 2015
  • Avvo Rating - Superb Top Divorce Attorney
  • Super Lawyers - Thurman
  • Yelp