Who is responsible for debt accrued while separated? 5 Answers as of April 26, 2011

My wife an I are seperated pending a divorce am I responsible for any debt she accues pending the divorce we live in the state of California?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Debt acquired after legal separation is that spouse's separate debt. However, if you are a signer on the credit card you are still obligated to the creditor, but in the divorce case the debtor spouse will be charged with the debt.

Therefore you will need a strong indemnification provision in your judgment. The court may not change the relationship between the creditor and the spouses.
Answer Applies to: California
Replied: 4/26/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You could be held responsible for debts incurred by your wife for her "common necessaries of life", pursuant to Family Code Section 914(a)(2), so long as she is not living separate from you by agreement and the agreement doesn't contain a stipulation for her support, pursuant to Family Code Section 4302.
Answer Applies to: California
Replied: 4/26/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It is not likely that you would be responsible for post separation debts, however, if the debt is attached to community property debt, then yes you can be responsible. Hire a family law attorney to assist you.
Answer Applies to: California
Replied: 4/26/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
If the debt is incurred for basic living necessities you may be responsible for payment of of the debt particularly if you are employed and she is not. If it is for personal expenses, you will not be responsible for the debts incurred post separation.
Answer Applies to: California
Replied: 4/26/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Generally speaking, each party is responsible for their own debt acquired after the date of separation, unless the debt is acquired for a "joint" purpose, for instance, when incurring debt to pay an existing joint obligation.

Call a local family law lawyer to discuss the specific facts; i.e., the purpose of the debt in question.
Answer Applies to: California
Replied: 4/25/2011
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