6. Management Flashcards
General Rule re: management & control?
During the marriage, each spouse has equal management and control of all community assets. Thus, each spouse has full power to buy or sell CP and contract debts w/out the other spouse’s joinder or consent. Note: does not apply to quasi-CP.
How should you consider a personal injury tort against one spouse?
Where a spouse commits a tort during the marriage, the injured party can reach community assets and the separate property assets of the tortfeasor spouse.
The order in which these items will be used to satisfy the obligation will depend on whether the tortfeasor spouse committed the tort to “benefit” the community. If not committed for the benefit of the community, the plaintiff may first reach the tortfeasor’s SP, and then may reach CP.
Plaintiff may not reach any of innocent spouse’s separate property, because they are not personally liable, and this is not a contract for necessities.
What is a necessity for life?
After permanent separation the economic community ends. Any debts that are incurred by either spouse post-separation are SP debts, and creditors will have to go after the SP of the spouse who incurred the debt. An exception exists, however, for debts related to the NECESSITIES OF LIFE, such as food, clothing, shelter, and, arguably, health care expenses. In that event, a creditor may go after the debtor spouse’s SP, the CP, and also the SP of the other spouse.
