Creditor Rights
Community Property · Lesson 11
Creditor Rights
這一課問的是：哪些資產可被婚前、婚中、分居後債權人達到？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Which assets are subject to creditor reach for premarital, marital, or post-separation debts?
這一課問的是：哪些資產可被婚前、婚中、分居後債權人達到？
Trigger words & phrases that should flag this issue:
debtcreditorpremaritalmaritaltort
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
premarital debt
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Debt incurred before marriage.
婚前債務。
marital debt
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Debt incurred during marriage.
婚中債務。
post-separation debt
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Debt after separation.
分居後債務。
CP reach
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CP available for marital debts.
CP 可達。
SP reach
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SP available for premarital debt of that spouse.
SP 可達。
§910
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CA general rule: CP liable for either spouse's debts.
§910。
§913
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SP of non-debtor spouse not liable.
§913。
Rule Sentence · the workhorse
Under California Family Code §910, community property is generally liable for debts incurred by either spouse before or during marriage; under §913, the separate property of the non-debtor spouse is not liable for the debts of the other spouse.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人creditor債權人
Act 行為reaching assets求償資產
Object 對象CP or SPCP 或 SP
Standard 法律標準§910 + §913§910 + §913
Consequence 後果CP reached; non-debtor SP protectedCP 可達；非債務 SP 受保護
Casebook Snapshot · a real American case
Cal Fam Code §§910-916 routine application
Holding. CP is generally available to creditors of either spouse's debts (before or during marriage); SP of non-debtor spouse is protected from the other's debts; rents and profits of non-debtor's SP also protected from other's premarital debts in some circumstances.
Why it matters. Modern CA: CP liable broadly; SP shield protects non-debtor.
現代 CA：CP 廣泛負債；SP 保護非債務人。
Common Mistakes · what trips students
✗ 非債務配偶之 CP 完全 protected。
✓ CP generally reachable for either spouse's debts (§910).
CP 通常可達兩方債務。
Mini IRAC · build the Application
Issue. May a creditor of H's premarital debt reach community property after marriage?
Rule. Under California Family Code §910, community property is liable for debts incurred by either spouse before or during marriage.
Application (model). H incurred the debt before marriage; after marriage, the spouses accumulated CP. Because §910 makes CP liable for premarital debts of either spouse, the fact that the debt is H's premarital debt and CP exists means the creditor may reach the CP.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the creditor may reach community property to satisfy H's premarital debt.
MBE Check · multiple choice
H has $200,000 in premarital debt. W has $300,000 SP from before marriage held in her separate account, untouched during marriage. May H's creditor reach W's SP?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: