Phone: (805) 845-5405 E: info@mysantabarbaralawyer.com

FAMILY CODE SECTION 2620-2628

2620. The debts for which the community estate is liable which are
unpaid at the time of trial, or for which the community estate
becomes liable after trial, shall be confirmed or divided as provided
in this part.

2621. Debts incurred by either spouse before the date of marriage
shall be confirmed without offset to the spouse who incurred the
debt.

2622. (a) Except as provided in subdivision (b), debts incurred by
either spouse after the date of marriage but before the date of
separation shall be divided as set forth in Sections 2550 to 2552,
inclusive, and Sections 2601 to 2604, inclusive.
(b) To the extent that community debts exceed total community and
quasi-community assets, the excess of debt shall be assigned as the
court deems just and equitable, taking into account factors such as
the parties’ relative ability to pay.

2623. Debts incurred by either spouse after the date of separation
but before entry of a judgment of dissolution of marriage or legal
separation of the parties shall be confirmed as follows:
(a) Debts incurred by either spouse for the common necessaries of
life of either spouse or the necessaries of life of the children of
the marriage for whom support may be ordered, in the absence of a
court order or written agreement for support or for the payment of
these debts, shall be confirmed to either spouse according to the
parties’ respective needs and abilities to pay at the time the debt
was incurred.
(b) Debts incurred by either spouse for nonnecessaries of that
spouse or children of the marriage for whom support may be ordered
shall be confirmed without offset to the spouse who incurred the
debt.

2624. Debts incurred by either spouse after entry of a judgment of
dissolution of marriage but before termination of the parties’
marital status or after entry of a judgment of legal separation of
the parties shall be confirmed without offset to the spouse who
incurred the debt.

2625. Notwithstanding Sections 2620 to 2624, inclusive, all
separate debts, including those debts incurred by a spouse during
marriage and before the date of separation that were not incurred for
the benefit of the community, shall be confirmed without offset to
the spouse who incurred the debt.

2626. The court has jurisdiction to order reimbursement in cases it
deems appropriate for debts paid after separation but before trial.

2627. Notwithstanding Sections 2550 to 2552, inclusive, and
Sections 2620 to 2624, inclusive, educational loans shall be assigned
pursuant to Section 2641 and liabilities subject to paragraph (2) of
subdivision (b) of Section 1000 shall be assigned to the spouse
whose act or omission provided the basis for the liability, without
offset.

2628. Notwithstanding Sections 2550 to 2552, inclusive, and
Sections 2620 to 2624, inclusive, joint California income tax
liabilities may be revised by a court in a proceeding for dissolution
of marriage, provided the requirements of Section 19006 of the
Revenue and Taxation Code are satisfied.