California Family Code § 920

Plain-Language Summary

Family Code section 920 is a California law that creates a right of reimbursement when marital (community) property pays for one spouse’s separate debts. This means if community funds or property are used to satisfy a debt belonging to one spouse (for example, a debt incurred before marriage or an obligation from another relationship), the other spouse or the community can demand repayment. Section 920 makes clear that the right to reimbursement arises no matter which spouse applied the property or whether the payment was voluntary. For instance, if Husband uses community money to pay off Wife’s premarital credit card debt, Husband can claim half of those payments back.

Section 920 also sets how much is repaid and strict deadlines for asserting the claim. It provides that reimbursement is based on the property’s value when the right arises, and it must be pursued promptly. Specifically, a spouse must exercise the reimbursement right within three years of learning about the payment, or during divorce or separation proceedings. If the spouse does not act within these deadlines, the right is lost. Courts enforce this strictly. For example, in In re Marriage of Kristie J. (2009), the Court of Appeal held a wife’s reimbursement claim was barred because she filed more than three years after the payments were made. And the California Supreme Court has interpreted section 920(c) to mean that when a spouse dies, the claim must be asserted in the death proceedings (generally within one year of death).

Real-World Examples

Credit card debt: If one spouse has pre-marital credit card bills and the community pays them off, the paying spouse can claim half of those payments back.
Child support: If the marital community pays one spouse’s pre-marital child support obligations, the other spouse can recover half of the support paid.
Separate-to-community payment: If a spouse uses separate funds (e.g. an inheritance) to pay down a community debt (such as a mortgage), the contributing spouse may claim reimbursement from the community for that contribution.
Community-to-separate payment: If community property is used to pay a debt on a spouse’s separate property (for example, a premarital tax liability on one spouse’s home), the spouse who used community funds can seek reimbursement under §920.

Published Case Law on § 920

In re Marriage of Sherman (2005) 133 Cal.App.4th 795 – The court held that a husband’s reimbursement claim was time-barred under §920. It noted the trial court correctly rejected the claim because “more than three years had elapsed” since he learned community funds paid his spouse’s separate debts.
In re Marriage of Kristie J. (2009) 175 Cal.App.4th 323 – The court affirmed the judgment dividing the community property but observed that the wife’s claim for reimbursement was defeated by §920’s three-year limit. In other words, because she filed more than three years after the payments were made, the claim failed.
In re Marriage of Mullonkal & Kodiyamplakkil (2020) 51 Cal.App.5th 604 – The court held that §920 applies to community payments on a spouse’s non-education debts (such as family loans). It reversed a trial court’s refusal to reimburse one spouse for paying the other’s family loans, emphasizing that section 920 “does not include a mechanism for the court to deny reimbursement” once its requirements are satisfied.

Full Text of California Family Code § 920

(a) A right of reimbursement provided by this part is subject to the following provisions:

(1) The right arises regardless of which spouse applies the property to the satisfaction of the debt, regardless of whether the property is applied voluntarily or involuntarily, and whether the debt is incurred before or during marriage. The right is subject to an express written waiver by the spouse in whose favor the right arises.

(2) The measure of reimbursement is the value of the property or interest in property at the time the right arises.

(1) Within three years after the spouse in whose favor the right arises has actual knowledge of the application of the property to the satisfaction of the debt; and
(2) In proceedings for division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500) or in proceedings upon the death of a spouse.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

*Nothing on this page should be considered legal advice. For authoritative guidance, consult a qualified attorney or the official statutes.*