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
Frequently Asked Questions
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.