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Book 4 · Family law  ›  Subchapter 4 · Partitioning of the common matrimonial property › Section 1481

Liability of the spouses to each other

(1) If the common matrimonial property is divided before the discharge of a common matrimonial property obligation which, as between the spouses, falls on the common matrimonial property, the spouse who managed the common matrimonial property alone during the period of community of property is answerable to the other spouse that the other spouse is not claimed on, either for half of the obligation or for the surplus beyond what is obtained from the common matrimonial property.

(2) If the spouses managed the common matrimonial property jointly during the period of community of property, each spouse is answerable to the other that the other spouse is not claimed on by the creditor for more than half of the obligation.

(3) If the obligation, as between the spouses, falls on one of the spouses, the latter is answerable to the other that the other spouse is not claimed on by the creditor.

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