Who is responsible for a community debt in a divorce?
3 attorney answers
Generally, any debt a spouse incurs after marriage and before separation is a community debt. Debt related to a spouse's separate property or separate obligations are exceptions, as are debts or expenses that are essentially antagonistic to the community, such as those related to an extra-marital affair. But poor choices such as investments that were unsuccessful or shopping sprees are generally not. The ultimate outcome in these matters is very dependent on what particular circumstances in which the debt is incurred, and I recommend that you consult with an attorney.
Why is there only a 25% share on a debt that was incurred during the marriage? If the home equity line of credit was taken out and the loan proceeds were used to "benefit" the community, then the debt will be shared.
Income and debt earned or incurred during debt is community property. If the line of credit was for the benefit of the community it is a presumed community debt. If you used it for your own personal gain such as gambling, or maintaining separate property it is presumed your debt.
This response will not create an attorney-client relationship between you and The Law Office of Anthony Munoz, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.