Wednesday, March 9, 2011

WHO IS LIABLE FOR DEBT INCURRED JUST BEFORE A DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:


QUESTION: Who is liable for new debt during our divorce in California? I am in the process of divorcing my husband, and on top of the other problems he has caused, I have just found out that he has racked up about $80,000 in credit card and tax debt. I had no idea. From what I can tell, this is all in his name. However, will I have to take part of the debt if I divorce him?

ANSWER: Debt incurred by either party prior to separation is ordinarily classified as community debt, for which both parties are liable, unless you can prove that the debt was incurred in anticipation of separation, or was incurred in violation of your spouse's fiduciary duty to the community, such as debts to pay a girlfriend's rent, etc.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net

1 comment:

Elizabeth said...

What do you need to prove that the debt was incurred in anticipation of separation?