General Rules of Liability
Cal. FAM § 914
California Statutes
(
a) Notwithstanding
Section 913, a married person is personally liable for the following debts incurred by the person’s spouse during marriage:
(1) A debt incurred for necessaries of life of the person’s spouse before the date of separation of the spouses.
(2) Except as provided in
Section 4302, a debt incurred for common necessaries of life of the person’s spouse after the date of separation of the spouses. (
b) The separate property of a married person may be applied to the satisfaction of a debt for which the person is personally liable pursuant to this section. If separate property is so applied at a time when nonexempt property in the community estate or separate property of the person’s spouse is available but is not applied to the satisfaction of the debt, the married person is entitled to reimbursement to the extent such property was available. (c)
(1) Except as provided in paragraph (2), the statute of limitations set forth in
Section 366.2 of the Code of Civil Procedure shall apply if the spouse for whom the married person is personally liable dies.
(2) If the surviving spouse had actual knowledge of the debt prior to expiration of the period set forth in
Section 366.2 of the Code of Civil Procedure and the personal representative of the deceased spouse’s estate failed to provide the creditor asserting the claim under this
section with a timely written notice of the probate administration of the estate in the manner provided for pursuant to
Section of the Probate Code, the statute of limitations set forth in
Section or of the Code of Civil Procedure, as applicable, shall apply. (
d) For purposes of this section, “date of separation” has the same meaning as set forth in