Section 1000 Of Chapter 5. Liability For Death Or Injury From California Family Law Code >> Division 4. >> Part 3. >> Chapter 5.
1000
. (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.