Community property in California/Settlement of debts.

UPDATED: May 12, 2009

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Community property in California/Settlement of debts.

If a divorce is requested at which stage is the husband no longer responsible for his wife’s debts. As soon as the divorce is requested or when it is finalized?What steps can be taken to protect oneselffrom one wife’s continuing debts?Thank you for your reply.

Asked on May 12, 2009 under Family Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Neither --- when you either legally separated or when there is no possibility of reconciliation.

See the following:771.  (a) The earnings and accumulations of a spouse and the minor
children living with, or in the custody of, the spouse, while living
separate and apart from the other spouse, are the separate property
of the spouse.
   (b) Notwithstanding subdivision (a), the earnings and
accumulations of an unemancipated minor child related to a contract
of a type described in Section 6750 shall remain the sole legal
property of the minor child.

772.  After entry of a judgment of legal separation of the parties,
the earnings or accumulations of each party are the separate property
of the party acquiring the earnings or accumulations.

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