Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Here is the second question - I incurred a civil liability

Customer Question
Hello again,Here is the second...
Hello again,Here is the second question -I incurred a civil liability during the marriage in the state of California. The funds utilized were for the benefit of the community property, which is the home. I am trying to convey to my family attorney that this liability needs to be "CLEARLY" a community debt. But his response was this:"Regarding the $300,000 civil liability – This can be resolved by an agreement of the parties (unlikey) or at trial. These are the only two ways to resolve the liability. We can bifurcate the case and set the issue of the $300,000 liability for trial. The general law is that all debt incurred during the marriage, which benefited the community, is community property debt. There are exceptions when the money was obtained by illegal means and not spent on the community. How was the bulk of the money at issue in the civil liability spent?"I do not want this issue to go into trial and waste unnecessary funds. I would like to squash this issue by perhaps providing my attorney with distinct references to other cases where civil debt was considered a community debt. He is always wanting to go into trial, which I can understand will help him and his business.
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 hours by:
9/9/2016
Family Lawyer: RayAnswers, Lawyer replied 1 year ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,535
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Under California Family Code section 910 the community (meaning both spouses) is liable for all debts incurred during the marriage and prior to separation. It does not matter whether the debt was incurred by one spouse for his or her own benefit or for the family. It also doesn’t matter whose name appears on the bill or the credit card statements. If the debt was incurred during the marriage and before separation, it is a community debt and both spouses are equally liable. Debt incurred after separation may be either community or separate debt, depending on the circumstances.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

If the debt was incurred during the marriage , specifically the civil liability then it is community debt and should be treated a such during property division.The key would be proving the debt benefited both parties of the marriage.

In other words, if I borrowed $300k to gamble it away then even though it is community debt the other spouse did not benefit and court likely assigns it to me.On the other hand if I borrowed or incurred the debt to refinance or remodel the house that's clearly community and the court would divide it equally here in California.

I appreciate the chance to help you today.Thanks again, please let me know if you have more follow up.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Law for reference

FAMILY.CODE
SECTION 910-916

910. (a) Except as otherwise expressly provided by statute, thecommunity estate is liable for a debt incurred by either spousebefore or during marriage, regardless of which spouse has themanagement and control of the property and regardless of whether oneor both spouses are parties to the debt or to a judgment for thedebt. (b) "During marriage" for purposes of this section does notinclude the period during which the spouses are living separate andapart before a judgment of dissolution of marriage or legalseparation of the parties.911. (a) The earnings of a married person during marriage are notliable for a debt incurred by the person's spouse before marriage.After the earnings of the married person are paid, they remain notliable so long as they are held in a deposit account in which theperson's spouse has no right of withdrawal and are uncommingled withother property in the community estate, except property insignificantin amount. (b) As used in this section: (1) "Deposit account" has the meaning prescribed in paragraph (29)of subdivision (a) of Section 9102 of the Commercial Code. (2) "Earnings" means compensation for personal services performed,whether as an employee or otherwise.912. For the purposes of this part, quasi-community property isliable to the same extent, and shall be treated the same in all otherrespects, as community property.913. (a) The separate property of a married person is liable for adebt incurred by the person before or during marriage. (b) Except as otherwise provided by statute: (1) The separate property of a married person is not liable for adebt incurred by the person's spouse before or during marriage. (2) The joinder or consent of a married person to an encumbranceof community estate property to secure payment of a debt incurred bythe person's spouse does not subject the person's separate propertyto liability for the debt unless the person also incurred the debt.914. (a) Notwithstanding Section 913, a married person ispersonally liable for the following debts incurred by the person'sspouse during marriage: (1) A debt incurred for necessaries of life of the person's spousewhile the spouses are living together. (2) Except as provided in Section 4302, a debt incurred for commonnecessaries of life of the person's spouse while the spouses areliving separately. (b) The separate property of a married person may be applied tothe satisfaction of a debt for which the person is personally liablepursuant to this section. If separate property is so applied at atime when nonexempt property in the community estate or separateproperty of the person's spouse is available but is not applied tothe satisfaction of the debt, the married person is entitled toreimbursement to the extent such property was available. (c) (1) Except as provided in paragraph (2), the statute oflimitations set forth in Section 366.2 of the Code of Civil Procedureshall apply if the spouse for whom the married person is personallyliable dies. (2) If the surviving spouse had actual knowledge of the debt priorto expiration of the period set forth in Section 366.2 of the Codeof Civil Procedure and the personal representative of the deceasedspouse's estate failed to provide the creditor asserting the claimunder this section with a timely written notice of the probateadministration of the estate in the manner provided for pursuant toSection 9050 of the Probate Code, the statute of limitations setforth in Section 337 or 339 of the Code of Civil Procedure, asapplicable, shall apply.915. (a) For the purpose of this part, a child or spousal supportobligation of a married person that does not arise out of themarriage shall be treated as a debt incurred before marriage,regardless of whether a court order for support is made or modifiedbefore or during marriage and regardless of whether any installmentpayment on the obligation accrues before or during marriage. (b) If property in the community estate is applied to thesatisfaction of a child or spousal support obligation of a marriedperson that does not arise out of the marriage, at a time whennonexempt separate income of the person is available but is notapplied to the satisfaction of the obligation, the community estateis entitled to reimbursement from the person in the amount of theseparate income, not exceeding the property in the community estateso applied. (c) Nothing in this section limits the matters a court may takeinto consideration in determining or modifying the amount of asupport order, including, but not limited to, the earnings of thespouses of the parties.916. (a) Notwithstanding any other provision of this chapter, afterdivision of community and quasi-community property pursuant toDivision 7 (commencing with Section 2500): (1) The separate property owned by a married person at the time ofthe division and the property received by the person in the divisionis liable for a debt incurred by the person before or duringmarriage and the person is personally liable for the debt, whether ornot the debt was assigned for payment by the person's spouse in thedivision. (2) The separate property owned by a married person at the time ofthe division and the property received by the person in the divisionis not liable for a debt incurred by the person's spouse before orduring marriage, and the person is not personally liable for thedebt, unless the debt was assigned for payment by the person in thedivision of the property. Nothing in this paragraph affects theliability of property for the satisfaction of a lien on the property. (3) The separate property owned by a married person at the time ofthe division and the property received by the person in the divisionis liable for a debt incurred by the person's spouse before orduring marriage, and the person is personally liable for the debt, ifthe debt was assigned for payment by the person in the division ofthe property. If a money judgment for the debt is entered after thedivision, the property is not subject to enforcement of the judgmentand the judgment may not be enforced against the married person,unless the person is made a party to the judgment for the purpose ofthis paragraph. (b) If property of a married person is applied to the satisfactionof a money judgment pursuant to subdivision (a) for a debt incurredby the person that is assigned for payment by the person's spouse,the person has a right of reimbursement from the person's spouse tothe extent of the property applied, with interest at the legal rate,and may recover reasonable attorney's fees incurred in enforcing theright of reimbursement.

Ask Your Own Family Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,535
43,535 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
I have a spousal support question, i have a judgment from
i have a judgment from back in 2011. i just found out that my ex is getting re-married so I was wondering if i just stop paying her or if i need to do something else … read more
socrateaser
socrateaser
1,031 satisfied customers
I need help with the enforcement of a spousal support
I need help with the enforcement of a spousal support agreement from Virginia. I live in tn the respondent lives in va...what court or state do I use to get this heard? … read more
RayAnswers
RayAnswers
Lawyer
43,535 satisfied customers
I received a petition for dissolution of marriage, Waiver of
I received a petition for dissolution of marriage, Waiver of Service and Entry of appearance, Statement of Income and Expenses, Statement of Property and vital statistics form papers to sign yesterday… read more
RayAnswers
RayAnswers
Lawyer
43,535 satisfied customers
Was originally serviced dissolution of Marriage 05/25/2017
was originally serviced dissolution of Marriage 05/25/2017 my husband filed declaration service of preliminary dec of disclosure on 06/06/2017....MY HUBAND FILED service of prelim & final dec of discl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
Are husbands able to get spousal support? California
Are husbands able to get spousal support? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: California JA: Have you talked to a lawyer yet? Customer: … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question concerning spousal support in Oklahoma...
I have a question concerning spousal support in Oklahoma... … read more
RayAnswers
RayAnswers
Lawyer
43,535 satisfied customers
I filed for dissolution of marriage 05/02/2013. It's been
I filed for dissolution of marriage 05/02/2013. It's been filed in county of riverside. The summary was not turned in until 08/09/2017. I'm trying to see when will it be signed and can I get married o… read more
RayAnswers
RayAnswers
Lawyer
43,535 satisfied customers
Second opinion] yep I filed a Dissolution of Marriage filing
Second opinion] hi-yep I filed a Dissolution of Marriage filing on 03/09/2017 here in Alachua County and Im still waiting for a court hearing because I thought that's what I needed to wait for but I j… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I was just served a summons for dissolution of marriage, and
I was just served a summons for dissolution of marriage, and I don't have a lawyer it says I have to respond in 30 days? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to incorporate grounds of dissolution of marriage. I
I want to incorporate grounds of dissolution of marriage. I have been estranged from husband since 1994, he contacted me in 2014. But I recently found out that he is married to another woman in Las Ve… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,542 satisfied customers
Tina, my wife applied for a dissolution of marriage
Tina, my wife applied for a dissolution of marriage petition. I don't know how to respond to the petition and if don't have the money for an attorney … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
My wife applied for a dissolution of marriage petition. It's
My wife applied for a dissolution of marriage petition. It's suppose to be an amicable divorce, I agreed to all of the terms. What do I have to do now? I was served with the papers and I have to respo… read more
RayAnswers
RayAnswers
Lawyer
43,535 satisfied customers
I received copies of my dissolution of marriage. There is an
I received copies of my dissolution of marriage. There is an Addendum attached that states "Spousal Maintenance/Support (Petitioner Voluntary Alimony) which then has the financial information. My ques… read more
RayAnswers
RayAnswers
Lawyer
43,535 satisfied customers
My wife is pushing me to sign a dissolution of marriage.
My wife is pushing me to sign a dissolution of marriage. There are no children and no financial disagreements. My concern is that if I sign the paperwork, can she not allow me to collect my personal p… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,811 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x