Legal Question in Civil Litigation in California

Re: Can I Sue Both Husband and Wife?

in a nutshell, based on the brief facts you submitted, california community property law basically states that when a couple separates without the intent of reconciliation, the individual spouses debts and income become their own separate property debt or income at this point. thus, most likely in your case, based on the facts so far, you probably cannot join or sue the estranged husband directly for the debt his wife accrued with you while husband and wife were living apart with the intent of non-reconciliation. however, if you have more additional facts for me to go on, i would be more than happy to give you a free consultation on your legal rights in this matter. feel free to contact my office directly with more facts and i can give you more detailed information. [email protected]

Re: Can I Sue Both Husband and Wife?

Since she was seperated at the time, he is not liable. Only her

Re: Can I Sue Both Husband and Wife?

Mr. Torry's answer is basically correct but there is a nuance that might be lost in his phrasing. He refers to a couple which separates without intending to reconcile, but that isn't really the test. Many couples separate without a clear idea of whether they will reconcile or not, and those couples are still a marital community. The community ends when the couple is actually separate *and* when one spouse has informed the other that he or she intends the separation to be permanent, or when the other spouse should reasonably be able to infer that the other so intends.

I can't tell from the facts you provided whether this particular couple is still a marital community, but the two-year separation suggests that they are not. The answer really does depend upon the specifics of their relationship, and you may not even be able to get the facts you would need to figure this out.

You might want to try suing them both; if one spouse intends the separation to be permanent, then you will find that out very quickly.

I strongly recommend that you consult with a lawyer before you take such action, though, so you can find out whether there is a reasonable basis to believe they are still a couple. If you know -- or reasonably should know -- that they have split permanently but you decide to sue anyway, you could buy yourself a great deal of trouble down the road.