BILL NUMBER: AB 539	CHAPTERED  10/11/01

	CHAPTER  702
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2001
	APPROVED BY GOVERNOR  OCTOBER 10, 2001
	PASSED THE SENATE  SEPTEMBER 4, 2001
	PASSED THE ASSEMBLY  MAY 17, 2001
	AMENDED IN ASSEMBLY  MAY 10, 2001
	AMENDED IN ASSEMBLY  APRIL 25, 2001

INTRODUCED BY   Assembly Member Maddox

                        FEBRUARY 21, 2001

   An act to amend Section 914 of the Family Code, relating to
marital liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 539, Maddox.  Marital:  liability:  spousal debts.
   Existing law provides that a married person is personally liable
for debts incurred by the person's spouse for necessaries of life, as
specified, and provides that the married person's separate property
may be applied to the satisfaction of these debts.
   Existing law sets forth various statutes of limitations for the
commencement of civil actions.
   This bill would specify that an action based upon the marital
liability of a deceased spouse  must be commenced within a one-year
period, except as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 914 of the Family Code is amended to read:
   914.  (a) Notwithstanding Section 913, a married person is
personally liable for the following debts incurred by the person's
spouse during marriage:
   (1) A debt incurred for necessaries of life of the person's spouse
while the spouses are living together.
   (2) Except as provided in Section 4302, a debt incurred for common
necessaries of life of the person's spouse while the spouses are
living separately.
   (b) The separate property of a married person may be applied to
the satisfaction of a debt for which the person is personally liable
pursuant to this section.  If separate property is so applied at a
time when nonexempt property in the community estate or separate
property of the person's spouse is available but is not applied to
the satisfaction of the debt, the married person is entitled to
reimbursement to the extent such property was available.
   (c) (1) Except as provided in paragraph (2), the statute of
limitations set forth in Section 366.2 of the Code of Civil Procedure
shall apply if the spouse for whom the married person is personally
liable dies .
   (2) If the surviving spouse had actual knowledge of the debt prior
to expiration of the period set forth in Section 366.2 and the
personal representative of the deceased spouse's estate failed to
provide the creditor asserting the claim under this section with a
timely written notice of the probate administration of the estate in
the manner provided for pursuant to Section 9050 of the Probate Code,
the statute of limitations set forth in Section 337 or 339, as
applicable, shall apply.