If my husband drinks, drives and has an accident, am i legally responsible if I have a legal separation?

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If my husband drinks, drives and has an accident, am i legally responsible if I have a legal separation?

I will have to live in the same condo in separate bedrooms until I pay off bills. I don’t want to lose everything if he has an accident and hurts others.

Asked on May 17, 2017 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Community property is property, income, debt acquired during marriage.  Each spouse has a one half interest in the community property.
Separate property is property, income, debt acquired before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
If you are separated with no intent to reunite, the debt (monetary claim from an auto accident in which he is at fault) would be his separate property and you would not be liable because it occurred after the marriage ended.


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