Would A Debt In My Name Be Divided With My Spouse Under Community Property?
What a debt in my name be divided with my spouse under community property?
Yes, generally if you take out a loan or you take out a line of credit during the marriage then, yes, it is generally considered. In practice it is accepted that all of that is community property, however, it is depending on how the parties operate and how the facts are for each case. For all these questions this is a general answer, but in family law everything is fact-specific, everything is case-by-case but if the parties practice maintaining separate accounts, separate lines of credit and separate credit cards then there is an argument to be made that when you divide the property that those accounts or debts or even assets should be considered separate or that the spouse should accept one hundred percent of that debt. Generally speaking, in my experience when you have a situation like, that many times the spouse will accept that debt solely because for whatever reason the debt was accumulated for a specific person that did not benefit the other spouse. In practice what you look for is did the debt benefit the community estate or did the debt benefit the other spouse if it did not then there are arguments that it should be considered separate debt.
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