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HomeFamily CodeDiv. 4Pt. 3Ch. 5§ 1000 Spousal Liability Exceptions

§ 1000 Spousal Liability Exceptions

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1000 Spousal Liability Exceptions

This law says you're not responsible for your spouse's mistakes unless you'd be responsible even if you weren't married. It also explains how to pay for damages if one spouse causes harm.

Key Takeaways

  • •You're not responsible for your spouse's mistakes unless you'd be responsible even if you weren't married.
  • •If your spouse causes harm while doing something for the family, shared money is used first to pay for it.
  • •If your spouse causes harm while doing something not for the family, their personal money is used first to pay for it.
  • •Insurance money can be used to pay for damages, and no one can ask for that money back after 7 years.

Example

If your spouse crashes the car while running errands for the family, the money from your shared bank account is used first to pay for the damages.

The law says that if one spouse causes harm while doing something for the family, the family's shared money is used first to pay for it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1000 Spousal Liability Exceptions

(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.)

Last verified: January 9, 2026

Key Terms

married personliabilitycommunity estateseparate propertyproceeds of insurance

Related Statutes

  • § 913 Spousal Debt Liability Rules
  • § 850 Spousal Property Transmutation Rules
  • § 770 Married Person'S Separate Property
  • § 17800 Child Support Complaint Process
  • § 17801 Child Support Complaint Appeals

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 1000.
View Official Source