If spouses are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the other spouse may defend for that spouse's right also.
§ 371.Spouses Sued Together
Title 3. Of the Parties to Civil Actions · Chapter 2. Married Person · Last amended 2017 · Last verified July 28, 2026
In one sentenceSection 371 provides that when spouses are sued together, each may defend his or her own interest, and if one spouse neglects to defend, the other spouse may defend on that spouse's behalf as well.
Full Text of § 371
Plain-English Summary
Section 371 fills the gap left when both spouses are named as defendants in the same action. Each spouse has the right to defend individually, protecting his or her own interests without needing to coordinate with the other.
The statute also anticipates the case where one spouse does not put up a defense -- through absence, indifference, or any other reason. In that situation, the spouse who does defend may defend for the non-participating spouse's rights too, so that one spouse's default does not automatically doom the other's position or leave the couple's shared interests undefended.
Frequently Asked Questions
If both spouses are sued, can they defend the case separately?
Yes. Section 371 allows each spouse to defend for his or her own right when spouses are sued together.
What happens if one spouse does not respond to the lawsuit?
Under § 371, the spouse who does defend may defend for the neglecting spouse's right as well, protecting shared interests even though only one spouse actively participated.
Does the defending spouse need to prove why the other spouse did not respond?
No. Section 371 does not impose a proof requirement; it allows the participating spouse to defend for the other spouse's right without a separate showing of excuse.
Amendment History
Amended by Stats 2016 ch 50 (SB 1005),s 15, eff. 1/1/2017.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: spouses sued together californiaone spouse defaults lawsuitdefending for spouse in civil action