CALIFORNIA FAMILY LAW
...Community Property Issues
......Debts/Obligations/Reimbursement
.........Division/Allocation of Debts
............Acts/Torts Not Benefiting C/P
11 Cards On This Topic:
  • Debts not for benefit of c/p assigned without offset to spouse who incurred.
  • Tort liability assigned per Fam. Code §1000.
  • Liability of c/p for acts of spouses.
  • C/P shall not be used for restitution to spouse for violation of violation of any protective order or stay-away court order.
  • Burden on embezzler's H to prove "innocent spouse" exception applies to permit him to keep 1/2 c/p interest in family residence.
  • H properly charged for tax penalties caused by his negligent failure to pay quarterly taxes during marriage.
  • H properly charged with loss of vested military pension due to criminal conduct.
  • Debts caused by willful or negligent acts not benefiting c/p may be charged solely to actor.
  • Claims for damages for emotional distress associated with action for breach of K should be treated by F/L courts as a tort claim.
  • Allocation of property or debts not incurred for the benefit of the community
  • Liability of c/p for gambling debts.