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:
- State: California
Answer:
In California a debt incurred by either spouse during the subsistence of the marriage can be settled using the community property. So you friend cannot stop her husband from using her share in the property to pay off the debt. The law is stated in Cal.Fam.Code § 910 that reads: “(a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.
(b) “During Marriage” for purposes of this section does not include the period after the date of separation, as defined in Section 70 and before a judgment of dissolution of marriage or legal separation of the parties.”
(b) “During Marriage” for purposes of this section does not include the period after the date of separation, as defined in Section 70 and before a judgment of dissolution of marriage or legal separation of the parties.”
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.
