What happens to debt in a divorce in California? How are debts split in a divorce? What is community debt?
Sina Mohajer, an experienced family law attorney, walks you through understanding and managing the division of debt during a divorce.
Contact Mohajer Law Firm if you are looking for experienced divorce attorneys in Los Angeles. We will evaluate your circumstances and guide you through seeking a fair debt division in your divorce proceedings. Fill out our online contact form or dial (626) 569-5200 to schedule an initial consultation with one of our certified family law attorneys.
Transcript:
When dealing with a divorce case, chances are you’re going to have to figure out how to divide the debt. Whether it’s a community debt that needs to be divided equally or a separate debt that needs to be assigned to one of the parties, it is often helpful to work with an experienced divorce attorney in Arcadia.
In this video, we’re going to talk about just that. What is considered as community debt? What’s considered a separate debt? And how the courts look at it as far as figuring out how to divide it, or not at all, and just assigning that debt to an individual?
Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.
Rules for Dividing Debt in California Divorce
So what is community debt, and what is separate debt? Well, you always want to look at your benchmarks: date of marriage and date of separation. Anything acquired before the date of marriage is considered as your separate debt. The court’s not going to share that debt with anyone else, and it’s going to be yours.
Anything acquired after the date of separation, that’s also a separate debt and that doesn’t get divided. The only debt that does get divided is any debt that was acquired between the date of marriage and the date of separation.
How is Debt Divided in a Divorce in California
And there are many ways to divide the debt. You can either split it 50/50, or depending on the assets and who takes what, you can assign the majority of the debt to one side or the other, so long as there is an equitable distribution of assets and debts, something a complex property division attorney in Arcadia regularly structures for clients.
Contact Us About Your Divorce in California
Now, if you’ve got questions about your case or about your divorce proceedings, feel free to contact us. I’ll be happy to schedule an initial consultation so we can discuss your situation and how our divorce and complex property division services may help.