Debt Division

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Los Angeles debt division

Debts are a negative form of property, and are characterized as either Community Debt or Separate Debt. Debt incurred during marriage is considered Community Debt and debt incurred before marriage or after separation is considered Separate Debt.

Each spouse is responsible for all Community Debts incurred by either spouse between the dates of marriage and separation. As for Separate Debts, only the spouse incurring them is responsible.

Spouses may agree on division of debt or a court may order that certain debt be paid by one spouse or another. However, any agreement between the spouses in not binding on the creditor. For example, if a debt incurred during marriage is assigned by court order to your spouse and your spouse fails to pay it, you still owe the money. Your only remedy is to sue your ex-spouse in order to recover the amount that the creditor is suing you for.

Therefore, all debt must also be divided in a divorce judgment. You need an experienced advocate to guide you through debt division so that your rights are protected.

Practice Area: Family Law

Related Topics: Divorce, Child Custody, Paternity, Mediation, Property Division, Prenuptial Agreements, Postnuptial Agreements, Court Order Modifications, Child Support, Spousal Support

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Below are Frequently Asked Questions we receive from families in need of legal help. Please contact us at our Los Angeles Law Offices to speak with an experienced CA family law attorney. We offer a free initial consultation.

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Specializing in Family Legal Services

The Los Angeles Law Offices of Raymond Hovsepian not only focuses on the law but also focuses on your personal needs and legal rights. Our firm does not believe in a “cookie cutter” approach to our client’s needs. We pride ourselves in thoroughly evaluating your legal problems and tailoring a legal strategy that meets your requirments and optimizes all your legal rights. The firm provides attentive legal services in matters concerning family law

The firm cares deeply about its clients and handles your legal matters with efficiency and accuracy. With compassion they will assist you in meeting your needs and will fight zealously for YOU. We make sure that you have a compassionate attorney on YOUR Side.

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