Code Section Group

Family Code - FAM

DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620]

  ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000]

  ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

CHAPTER 5. Liability for Death or Injury [1000- 1000.]
  ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

1000.
  

(a) A married person is not liable for any injury or damage caused by the other spouse except in cases where the married person would be liable therefor if the marriage did not exist.

(b) The liability of a married person for death or injury to person or property shall be satisfied as follows:

(1) If the liability of the married person is based upon an act or omission which occurred while the married person was performing an activity for the benefit of the community, the liability shall first be satisfied from the community estate and second from the separate property of the married person.

(2) If the liability of the married person is not based upon an act or omission which occurred while the married person was performing an activity for the benefit of the community, the liability shall first be satisfied from the separate property of the married person and second from the community estate.

(c) This section does not apply to the extent the liability is satisfied out of proceeds of insurance for the liability, whether the proceeds are from property in the community estate or from separate property. Notwithstanding Section 920, no right of reimbursement under this section shall be exercised more than seven years after the spouse in whose favor the right arises has actual knowledge of the application of the property to the satisfaction of the debt.

(Amended by Stats. 1993, Ch. 219, Sec. 100.7. Effective January 1, 1994.)

FAMFamily Code - FAM