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HomeFamily CodeDiv. 4Pt. 2Ch. 3§ 782 Spousal Tort Liability Limits

§ 782 Spousal Tort Liability Limits

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 782 Spousal Tort Liability Limits

Key Takeaways

  • •If one spouse hurts the other because they were careless or did something wrong, the money they both own together (like a shared bank account) can't be used to pay for the hurt spouse's bills until the careless spouse's own money is all used up.
  • •The hurt spouse can say it's okay to use the shared money to pay the bills if they write it down after they get hurt.
  • •If there's insurance or a contract to cover the bills, it can be used to pay, even if the couple paid for it with their shared money.

Example

Husband and wife own a house and a shared bank account. The husband accidentally causes a car crash that injures the wife. The wife has medical bills to pay.

The money in their shared bank account can't be used to pay the wife's medical bills until the husband's own money is all used up. But if the wife writes a note saying it's okay, they can use the shared money to pay the bills. If they have car insurance, it can be used to pay the bills, even if they paid for the insurance with their shared money.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 782 Spousal Tort Liability Limits

(a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the person’s spouse, the community property may not be used to discharge the liability of the tortfeasor spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the separate property of the tortfeasor spouse, not exempt from enforcement of a money judgment, is exhausted. (b) This section does not prevent the use of community property to discharge a liability referred to in subdivision (a) if the injured spouse gives written consent thereto after the occurrence of the injury. (c) This section does not affect the right to indemnity provided by an insurance or other contract to discharge the tortfeasor spouse’s liability, whether or not the consideration given for the contract consisted of community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

community propertytortfeasor spouseseparate propertywritten consentright to indemnity

Related Statutes

  • § 2252 Debt Liability After Division
  • § 750 Spousal Property Ownership Forms
  • § 751 Equal Spousal Property Interests
  • § 752 Separate Property Rights
  • § 754 Notice Pendency Property Restrictions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 782.
View Official Source