I had told my ex several months ago that I would pay for the debt that occurred during the marriage. Well now I am put in a bind and need him to help with them. I plan on filing for divorce soon. Will I be able to get an order for this? Most of the bills are in my name.
Generally All debts created during marriage are part of the obligations that spouses must pay as part of their common life... both spouses are responsible...
exceptions apply for some issues and debts
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In California community property law, anything that it acquired during the marriage in presumed to be community property except for being acquired by gift and/or inheritance. This includes debts. , Generally, you would be able to get this done through the divorce however there are exceptions to this.
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Debt acquired during marriage is presumed to be community debt; you can get a judgment ordering your spouse to pay one-half but this order will not bind the creditors, which means if they start collection they will go after you and not the husband regardless what the court order states.
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