my ex got into a car accident while we were married but he didnt have the surgery till after we were separated from each other. We are not legally separated but our divorce papers had been served and we were 4 months into the 6 month waiting period.
I believe you are saying this is a post-separation medical bill. To that end, it appears to be a separate property liability.
Have to? Maybe. The court cal rule on the appropriateness of all liabilities and to whether they are community or individual. The court could determine that the injury was a community responsibility, or simply that equity requires you to pay some or all.
The date of the injury is the key here as the CP will now be liable for the medical bills.
Assuming that your court case was in the State of California, in which city and county was court case housed in?
Under California law, the date of separation is defined as the date in which the parties no longer intended to resume marital relations with one another (in other words, the date in which the parties intended to end marital relations with one another). When was your date of separation? Is this date of separation agreed upon between you and your husband?
Under California law, the general rule is that a debt or debts that is (or are) acquired prior to marriage and/or during marriage is (or are) the responsibility of the community, with certain exceptions. However, based upon your explanation and/or description above, it appears as though that your ex's medical expenses were incurred or will be incurred after the date of separation, which means that the community would not be responsible for such a debt.
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