DID YOU KNOW BY ATTORNEY F.M. ZAVALA

DEBT LIABILITY IN A DIVORCE


The separate property of a married person is 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. Family Code §914


“Necessaries of life” include many of the conveniences common in our society. What constitutes necessaries depends on the circumstances of the particular marriage. Accordingly, the “station in life” test, which looks to the marital standard and mode of living, applies to debts incurred before separation. This test looks to the marital standard and mode of living. Direct Control Corp. v. Brooks (2017) 14 Cal. App. 5th 1168.


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