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Can my friend prevent her husband from selling community property to pay his debts?

Can my friend prevent her husband from selling community property to pay his debts?

Full question:

My friend and her husband divorced recently. Her husband wants to sell their community property to settle debt solely incurred by him during their marriage. My friend does not want to give up her share in the community property. Can she stop her husband?

Category: Divorce
Subcategory: Community Property
Date: 04/07/2025
State: California

Answer:

In California, community property can be used to settle debts incurred by either spouse during the marriage. This means your friend cannot prevent her husband from selling their community property to pay off his debt. According to California Family Code § 910, the community estate is liable for debts incurred by either spouse, regardless of who managed the property or whether one or both spouses are involved in the debt.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when one partner wants to sell and the other doesn't?

In a community property state like California, if one partner wants to sell community property and the other does not, the partner wishing to sell can still proceed with the sale. Community property laws allow either spouse to sell property to pay debts incurred during the marriage, regardless of the other spouse's consent. However, both spouses typically have an ownership interest in the property, which may complicate the sale process.

Can my spouse sell the house without my consent?

In California, a spouse can sell community property, including the family home, without the other spouse's consent. This is because both spouses are considered co-owners of community property. However, if the house is separate property or if there are specific agreements in place, the selling spouse may need the other spouse's approval.

What happens when one spouse wants to sell the house?

When one spouse wants to sell the house in a community property state like California, they can do so without the other spouse's agreement. However, the selling spouse must understand that both parties have rights to the proceeds from the sale, as they both own the property equally. This can lead to disputes, especially if the other spouse does not agree with the sale.

How to ask a spouse to leave the house?

To ask a spouse to leave the house, it's essential to approach the conversation calmly and respectfully. Clearly express your feelings and reasons for wanting them to leave. If the situation is contentious, consider seeking legal advice to understand your rights and options, especially concerning community property laws in your state.

What is community debt in divorce?

Community debt refers to debts incurred by either spouse during the marriage in a community property state like California. Both spouses are generally responsible for these debts, regardless of who incurred them. This means that community property may be used to settle these debts during divorce proceedings, affecting the division of assets.

Is property acquired before marriage considered marital property?

In California, property acquired before marriage is typically considered separate property and not marital property. However, if the property has been improved or its value increased during the marriage, it may be subject to division in a divorce. Understanding the distinction between separate and community property is crucial for asset division.