Who is liable for new debt during our divorce in California? 7 Answers as of March 03, 2011

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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
There are two relationships with credit debt. If both parties are signers on the credit card, both parties remain liable to the creditor for the entire debt, no matter who made the charge. In the court, credit debt incurred after the date of separation is that parties separate property. A family law judgment should provide for indemnification if the creditor collects separate property debt from the non-charging party for the other parties' separate property debt. The court cannot protect a card signer from having to pay separate debt to the creditor. The best the court can do is order indemnification.
Answer Applies to: California
Replied: 3/3/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
That is not easy to tell you without seeing the debt. Would have to know when did he obtain this debt?, was it all credit cards, and was it over time? was it credit line on the house? What did he buy? The Tax debt, what year?, filed joint? Many questions. How long have you been married?
Answer Applies to: California
Replied: 3/3/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Debt can be divided as community property if incurred during the marriage. You need a family law attorney to assist you.
Answer Applies to: California
Replied: 3/2/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Debts incurred during marriage will be the responsibility of both spouses. Those incurred after separation, should be assigned to the party who incurred them. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 3/2/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
With certain exceptions, debt acquired during marriage is community debt and is subject to equal division. Debt incurred prior to marriage or after separation is the responsibility of the party who incurred the debt. If you are looking for assistance with your family law matter, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/2/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Unfortunately, debt incurred by either party prior to separation is ordinarily classified ascommunity debt, unless you can prove that the debt was incurred in anticipation of separation, or was incurred in violation of your spouse's fiduciary obligations to the community, such as debts to pay a girlfriend's rent, etc.
    Answer Applies to: California
    Replied: 3/2/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It depends on when the debt was incurred (e.g., before or after date of separation) and what the debt was for. Call a local family law lawyer to discuss the specific details of the issue. Good luck. BODY { font-family:Arial, Helvetica, sans-serif;font-size:12px; }
    Answer Applies to: California
    Replied: 3/2/2011
Click to View More Answers: