Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Death does not relieve community property from liability for a debt imposed prior to death. The surviving spouse will be personally liable. (California Probate Code 13550-13351). Personal liability cannot exceed the value of the survivor’s half in community and quasi-community property and so much of the decedent’s half interest in such property as passes to the survivor less any liens or encumbrances. If the property passes by probate, creditors who do not file claims lose the right to proceed against the surviving spouse unless the survivor acknowledges the debt or they commence judicial proceedings against the survivor during the time for filing claims under probate. (California Probate Code 13552). If the creditor sues, the survivor has the same offsets and defenses of the decedent.


A spouse's postmarital liability for debts incurred by a former or deceased spouse is based on one spouse's receipt of property which in fairness should have been applied to the other spouse's debts. (See Frankel v. Boyd, 106 Cal. at pp. 611-612; Gould v. Fuller, 249 Cal. App. 2d at p. 21.) Such liability is not based on any legal interest the creditor has in the particular property transferred. As the court in ...

Register or login to access full content



Professors
Professionals
Students