6) Liability for marital + premarital debt

Question 1

debt: def

Answer 1

obligation of either spouse (can be in tort, k, child/spousal support)

Question 2

when is debt incurred?

Answer 2

when k made, tort occurs, or obligation arrises

Question 3

debt incurred by 1 spouse before marriage

Answer 3

SP

Question 4

debt incurred during marriage, before separat

Answer 4

intent of lender test (what is lender looking to to satisfy the debt)

Question 5

debt incurred during separation

Answer 5

SP

Question 6

liability of community estate

Answer 6

debt incurred by either spouse, before or during marriage (not separation)

can be liable for SP premarital debt too! and CP debt!

Question 7

how to shield earnings from other spouse’s premarital debt?

Answer 7

only if kept in separate account, where spouse has no right of withdrawal, + not comingled

Question 8

quasi-CP

Answer 8

liable for debts in same way as CP

Question 9

liability of spouse’s SP (-)

Answer 9

yes liable for debts incurred by that spouse
NOT for debts incurred by other spouse
EXCEPT: necessaries of spouse while living together, common necessaries if living apart

Question 10

liability of spouse’s SP: doctrine of necessaries

Answer 10

3rd parties can recover the reasonable value of the necessaries from other spouse’s SP if CP not sufficient to cover

Question 11

tort liability: test

Answer 11

1) is it for benefit of com?
if yes: CP, then SP of T-er
if no: SP of T-er, then CP
NEVER: SP of non T-er

Question 12

tort liability: benefit of the com: def

Answer 12

yes: going to work
not: crime, adultery
analyze

Question 13

torts: spouse v spouse

Answer 13

1st exhaust SP of T-spouse

then use CP

Question 14

creditor’s rights after divorce

Answer 14

can still get any assets that could have been reached dring marriage, but must sue the ex spouse individually (not try to enforce judgment of the other one)

Question 15

reimbursement: summary

Answer 15

before 1984 was presumed gift, no reimbursement w/o agreement

Question 16

CP used to improve own SP: other spouse consents

Answer 16

• -traditional rule: no right to reimbursement

- -modern rule: yes right to reimburse

Question 17

CP used to improve own SP: other spouse DOES NOT consent

Answer 17

• -breach of fiduciary duty

- -community has right to reimbursement (of either value of CP $ spent, or enhanced value of SP, whichever is more)

Question 18

CP used to improve other spouse’s SP

Answer 18

traditional: presumed gift, had to rebut
modern: right to reimbursement

Question 19

SP used to improve other spouse’s SP

Answer 19

traditional: gift
modern: right to reimbursement

Question 20

debts: reimbursement

Answer 20

if CP pays for separate debt but there was SP available, CP can get reimbursed