Dividing Debt During Divorce in CA

While many divorcing couples focus on what assets they can get during the property division process, not many think of debt. Much like property that was acquired during the marriage, if a couple built debt during the marriage, it can also be divided.

The division of debt assures that one party isn’t stuck with all amounts owed when both parties were responsible for accruing the debt. The court will use the community property and separate property categories to determine which debts go to which party.

The division of debt should be equal for both parties based on the judgement of the courts. Parties should add up the value of the assets received in property division and subtract the amount of debt. The end result is the net value of the property division and this should be equal to both parties. Before going into the process, you should have a full list of all debts owed to make sure nothing goes missing during the process.

Problems You May Encounter

Unfortunately, some couples attempt to divide the debt on their own by simply dividing the amount of debt. This can cause potential problems down the road as the lender can still go after the spouse who signed the contract if the debt is not paid.

For instance, if one spouse signs up for a credit card that both parties use, but the other spouse agrees to pay it off without any legally binding agreement and fails to do so, the credit card company can still go through collections on the signing spouse. This is an issue that is preventable.

Make sure that you have a plan in place in order to avoid having to pay the balance of the debt, any late fees, and interest, as well as ensuring your credit score is not damaged. These are all important factors to consider when deciding the best way to deal with the division of debt.

What Happens After Debt is Divided?

After the division of debt, it is important to make sure you and your spouse follow through on the orders. There may be additional steps that the parties must take in order to ensure things are completed properly. At Family Law Advocacy Group we have the experience necessary to guide you through the division of debt. Our firm can explain the details of your case and work to help you move forward in the most positive way possible.