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HomeFamily CodeDiv. 4Pt. 3Ch. 2§ 913 Spousal Debt Liability Rules

§ 913 Spousal Debt Liability Rules

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

§ 913 Spousal Debt Liability Rules

Key Takeaways

  • •Your own stuff (like money or things you owned before marriage) can be taken to pay for your own debts, even if you're married.
  • •Your own stuff usually can't be taken to pay for your spouse's debts, even if you're married.
  • •If you agree to use shared property (like a house you both own) to pay your spouse's debt, your own stuff is still safe unless you also owe that debt.

Example

Before getting married, Alex had a credit card with $5,000 in debt. After marrying Taylor, Alex still hasn’t paid it off.

The credit card company can take Alex’s savings account (which Alex had before marriage) to pay the debt, but they can’t take Taylor’s car (Taylor’s separate property) to pay for Alex’s debt.

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

Official Source
View on CA.gov

§ 913 Spousal Debt Liability Rules

(a) The separate property of a married person is liable for a debt 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 a debt incurred by the person’s spouse before or during marriage. (2) The joinder or consent of a married person to an encumbrance of community estate property to secure payment of a debt incurred by the person’s spouse does not subject the person’s separate property to liability for the debt unless the person also incurred the debt. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

separate propertymarried persondebt incurredcommunity estate propertyliability

Related Statutes

  • § 770 Married Person'S Separate Property
  • § 916 Spousal Debt After Division
  • § 1000 Spousal Liability Exceptions
  • § 17402 Child Support Reimbursement Obligation
  • § 17512 Employer Child Support Information

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 913.
View Official Source