Divorce and Bankruptcy – Part 2

 

310.376.9865

When are you liable for your Spouse’s Debt Incurred during the marriage?

PERSONAL LIABILITY:

  1. If it a joint debt, a debt where both parties applied for the debt, then you are jointly liable.
  2. Otherwise, you only incur personal liability for your spouse’s debt in three occasions:
  • The debt was assigned to you as part of a division of community property and debts by the divorce court.
  • Necessities of life.
  • You may be liable for your deceased spouse’s debt.

COMMUNITY ESTATE LIABILITY

The Community estate (all real and personal … property acquired by a married person during the marriage while domiciled during the marriage) is liable for all debts incurred by your spouse before or during the marriage, this includes child support incurred by your spouse.

There is one exception, community property wages earned during the marriage as long as they segregated in a separate account and are not commingled.

 

DISCLAIMER: The content of this website is intended for informational purposes only. Nothing herein is intended to form the basis of an attorney-client relationship or constitute legal advice.
Los Angeles/Orange County  Chapter 7 Bankruptcy Attorney

 

  • Law Offices MJ Mann Bankruptcy Attorney
  • 2706 Artesia Blvd, Suite BK
  • Redondo Beach, CA 90278
  • 310.376.9865

About: Marvin Mann