Hello and thank you for allowing me the opportunity to assist you.
Q: Under this situation, if he has a (non-elective, think would be called called a "necessity") required medical expense (say a car accident, or a heart attach) is she in anyway responsible for those expenses?
A: Section 914 of the CA Family Code, subdivision (a), states: "...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 while the spouses are living together.
"(2) Except as provided in Section 4302, a debt incurred for common necessaries of life of the person's spouse while the spouses are living separately
Section 4302 provides: "A person is not liable for support of the person's spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement
Thus, a spouse is personally liable for a debt incurred for `common necessaries of life' of his or her spouse while the spouses are living separately ... except that if the debt is incurred while they are separated under an agreement, the other spouse is personally liable only if liability for support is stipulated to in the agreement.
So, the answer to your question depends on whether your daughter and son-in-law have a separation
agreement. If they do, then your daughter would only remain liable if the agreement stipulates that she is liable. But she would also be liable if they have no separation agreement.
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