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Liability for Debts

Learn the extent to which the community estate and each spouse’s separate estate is liable for debts incurred by one spouse before or during marriage.

Transcript

Before marriage, during marriage, and after separation, spouses may incur contract debts, tort debts, or support obligations. Also, recall that during marriage, both spouses generally have a right to manage and control community property. Implicit in that right is the ability to obligate the community to debts. Consequently, even during marriage, one spouse may commit to a debt without the other spouse’s prior consent.

It’s important to know which property is liable for a debt’s repayment....

Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
  • Work-Related Compensation
  • Business Interests
  • Other Personal Property
  • The Marital Home
  • Title Forms for Real Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships