Tort and Contract Liability Flashcards
If you sue your spouse (his insurance after car accident) and win judgment, what kind of property is it?
separate property (or else you’re paying him to hurt you)
Injury recovery from a third party is the award CP or SP?
CP but if there’s a divorce the settlement money goes to the hurt spouse SO LONG AS the award is not spent and can be TRACED unless justice requires otherwise (including economic belief)
Spouse is sued for negligence, loses $$$ is CP liable?
What can creditors come after?
CP is liable for tort liability of either spouse.
Creditors: If performing for benefit of community = creditors come after CP
Creditors: If NOT performing for benefit of community = creditors come after SP first, then CP, can never reach the other spouse’s SP
Management Rules
equal management power but CANNOT sell/encumber community’s property in family dwelling without written consent of other spouse, voidable by either spouse
Business Exception: If personal property used in business, they can use it however but if ALL of it is used/encumbered must get written consent by spouse.
Conveyance of real property by a spouse:
SOL?
Must have conveyance by BOTH spouses. SOL = 1 year unless third party knew of the fraudulent transfer
transfer or encumber real community property (house):
Exception?
Can only sell entire estate (your wife can’t sell her interest to the family house)
Exception: If doing it as a family lawyer’s lien
What about debts entered into by one spouse? Medical bills of one spouse?
Business debts = CP debt UNLESS earnings of nondebtor spouse are held in a separate account and not comingles, then pre-marriage debts of debtor spouse can’t reach that.
Medical bills: CP debt and other spouse’s SP can be attacked if CP isn’t enough.
Can creditors reach property that was a settlement in the divorce of the other spouse?
No unless the spouse incurred the debt or was assigned the debt by the court, otherwise that CP is now theirs
