Tort Liability of Spouses

In community property states, if one spouse commits a tort that benefits the community, any judgment against that spouse is paid from community property. If the act was not for the community's benefit, the judgment is paid from the tortfeasor's separate property, and any recovery by the injured spouse is considered separate property as well.

Hannah and Jake are married, and Jake accidentally damages a neighbor's property while driving home from work. Since the act was for community benefit, the neighbor's judgment against Jake is paid from their community property. However, if Jake had caused the damage while joyriding, the judgment would be paid from Jake's separate property.

Torts for the community, pay from the community; otherwise, it's separate!

Exams may present scenarios where it's unclear whether the tort was for community benefit, leading students to misapply the property rules. Watch for details that clarify the purpose of the act.

Questions often involve fact patterns where one spouse commits a tort, requiring candidates to determine the source of payment and the nature of the recovery for the injured spouse.