top of page
Search

DID YOU KNOW BY ATTORNEY F.M. ZAVALA

Debts Incurred Before Marriage

[1] General Rule

The separate property of a married person is liable for a debt incurred by the person before marriage. Fam. Code § 913(a).


Except as otherwise expressly provided by statute, the spouses’ community estate also is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has 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. Fam. Code § 910(a)


Thus, in one case, real estate was community property despite a husband’s quitclaim to his wife, and the property could be sold to satisfy a lien for the husband’s child support arrearages from a previous marriage.



1 view0 comments

Recent Posts

See All

EARNING CAPACITY IN FAMILY COURT FOR CHILD AND SPOUSAL SUPPORT Earning capacity has been defined by the California Supreme Court as "the income the spouse is reasonably capable of earning based upon t

REQUEST FOR ADMISSIONS IN FAMILY LAW Under C.C.P. 2033.020. (a) A defendant may make requests for admission by a party without leave of court at any time. (b) A plaintiff may make requests for admissi

Remotely Appearing in Family Court Domestic Violence Cases FAMILY CODE 6308 A party, support person as defined in Section 6303, or witness may appear remotely at the hearing on a petition for a dome

Post: Blog2_Post
bottom of page