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HomeFamily CodeDiv. 4Pt. 3Ch. 2§ 910 Spousal Debt Liability Rules

§ 910 Spousal Debt Liability Rules

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

§ 910 Spousal Debt Liability Rules

Key Takeaways

  • •Both spouses are responsible for any debt one of them takes on before or during marriage, even if only one spouse agreed to it.
  • •This rule stops applying once the couple separates, but only after a court officially ends the marriage or legal separation.
  • •It doesn’t matter who controls the money or property—both are on the hook for the debt.

Example

Husband takes out a big loan to buy a boat during marriage, but only his name is on the loan papers.

Even if the wife never signed anything or used the boat, she is still responsible for paying back the loan because it was taken out during the marriage.

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

Official Source
View on CA.gov

§ 910 Spousal Debt Liability Rules

(a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the 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. (b) “During marriage” for purposes of this section does not include the period after the date of separation, as defined in Section 70, and before a judgment of dissolution of marriage or legal separation of the parties. (Amended by Stats. 2016, Ch. 114, Sec. 3. (SB 1255) Effective January 1, 2017.)

Last verified: January 21, 2026

Key Terms

community estatedebt incurredduring marriagedate of separation

Related Statutes

  • § 911 Married Person Earnings Protection
  • § 913 Spousal Debt Liability Rules
  • § 914 Spousal Debt Liability Rules
  • § 915 Support Obligation Reimbursement Rules
  • § 916 Spousal Debt After Division

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 910.
View Official Source