Fam. Code, § 782 · Chapter 3. Damages for Injuries to Married Person
Fam. Code, § 782
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=782.
- Text hash
- sha256 c88af3f10134ab015c5d8db1687da95f58d0882d52209c9dacd34b3226b95a0d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.