Does the community property presumption apply in a personal injury action between a married person and a third party creditor?

MultiRegion, United States of America

The following excerpt is from Brace v. Speier (In re Brace), 908 F.3d 531 (9th Cir. 2018):

No controlling California precedent addresses the applicability of the community property presumption in suits between a married person and a third party creditor. We recognize that, under California law, statutory interpretation begins with the text. People v. Scott , 58 Cal.4th 1415, 171 Cal.Rptr.3d 638, 324 P.3d 827, 829 (2014). But the text of the relevant statutes (and relevant evidentiary codes) is susceptible to both of the opposing interpretations offered by the parties, and we do not find the answer to these issues obvious.

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