CALIFORNIA FAMILY LAW
...Community Property Issues
......Debts/Obligations/Reimbursement
.........Division/Allocation of Debts
............Liability of C/P
7 Cards On This Topic:

Liabilities shall be characterized and assigned pursuant to Fam. Code §2551.

C/P is liable for debt incurred by either spouse before or during marriage.

Debts not for benefit of c/p assigned without offset to spouse who incurred.

C/P received by party in property division not liable for debt or obligation of former spouse incurred during marriage unless so assigned.

Even though W not guilty of any criminal wrongdoing in connection with H's fraud, her c/p interest in property sale proceeds was subject to H's obligations under Mandatory Victim Restitution Act.

Creditor cannot reach former c/p assigned to spouse in MSA where spouse not named as defendant.

P cannot sue spouse who did no wrong solely to make it easier to collect judgment against her.