§8.08 Tort Liability

A spouse is not liable for the other spouse's torts unless the first spouse would be liable if the marriage didn't exist. [FC §1000(a).]

A spouse's tort liability is satisfied as follows:

• If the spouse's liability is based on an act or omission while acting for the community's benefit, liability is satisfied first from the community estate and second from the spouse's separate property. [FC §1000(b)(1).] If the liability is satisfied from separate property when community property is available, the spouse is entitled to reimbursement from community property.
• If the spouse's liability is not based on an act or omission while acting for the community's benefit, liability is satisfied first from the spouse's separate property and second from the community estate. [FC §1000(b)(2) .]If the liability is satisfied from community property when separate property is available, the community is entitled to reimbursement from separate property.

These rules do 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. [FC §1000(c).]

No right of reimbursement for tort liability may be exercised more than seven years after the spouse in whose favor the right arises has actual knowledge of the property being applied to satisfy the debt. [FC §1000(c).] For time limitations on nontort reimbursements, see §8.09.