4 October 2012 0 Comments

Divorce and debt

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California is a community property state.  When getting a divorce all assets are divided equally among the couple.  That said – all debts are divided equally among the couple also.

The court may give each party specific debt to pay.  This order is between the two parties and does not affect the creditor who is owed the money.  However, if the obligated spouse fails to pay the debt, the credit can still come after the other spouse for collection.  You then have a right to get a judgment against your ex-spouse and collect your costs.

When dividing the debts, the court considers the economic circumstances of each party, the length of the marriage and if spousal support is being paid.

If you have any questions or concerns regarding what debts are subject to division, contact an experienced Riverside Family Law attorney who will explain how they can be properly divided while protecting your interests.

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