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Dealing with Debt during Divorce

January 13, 2020 By Hal Bartholomew

money and divorce

            Dividing property incident to divorce is not just putting your assets into one pile for each spouse.  You also must divide the debt that the community has accumulated during the course of your marriage. In California, community property includes all assets and liabilities incurred from the date you married until the date you separated other than separate property that was given by gift or inheritance. Once you have separated you now begin to accumulate separate property assets and debts.

  • Credit Cards

Credit cards can be created in your name, your spouse’s name, or in both names.  Sometimes one spouse is a cosigner on the other spouse’s credit card. During the divorce process you will want to make sure that the credit cards are being paid in a timely fashion so that you do not ruin your credit.  Once the debts are assigned to each spouse in the judgment you will need to make sure that the credit card company knows who will be paying the debt.  This can help minimize the risk of the credit card company coming after you for repayment of your spouse’s assigned debt. Once you and your spouse have separated you might consider having only separate credit cards in order to streamline the division of those debts at the conclusion of your divorce.

  • Mortgages and Loans

            Mortgages and other loans are very common.  During the pendency of the divorce you must take care to keep up on the payments to protect your investment and your credit.  In order to keep tabs on the payments of these loans it can be helpful to set up an online account that both spouses can access.  In this way you are both able to stay up to date and can pay the loan to preserve your credit and assets.  Once the divorce is finalized, if one spouse will be keeping the property, he or she will need to refinance the loan solely in his or her name.

  • Student Loans

            Many couples have student debt that has occurred before or during the marriage.  Under California law the student loan debt is assigned to a spouse based the duration of the marriage and whether or not the marital estate has benefitted from the education.  In many cases student loans are simply assigned to the spouse who received the education. Making decisions about dealing with debt while in the process of divorce can be difficult.  It is important that both spouses recognize the need to continue paying debts in order to preserve their credit and assets post separation.  In addition to keeping your payments current, you should keep in mind that community debts can be divided between you in the divorce.  Debts incurred after separation may be solely your debt to pay, so keep that in mind before you start racking up credit card bills immediately after separating.

Filed Under: Blog Tagged With: Debt, Divorce

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Anonymous Client – San Jose

Praises of the Collaborative Process

I often tell people that my divorce was transformational… and in a very positive way.  They don’t believe me!  But it’s true.  I came into the collaborative process deeply saddened and scared.  My coach and lawyer, really all of the collaborative team, helped me to find my center and my voice.  Several years have passed, and I can honestly say that my ex and I have an okay relationship, my kids are doing very well, and I have surpassed my wildest dreams in terms of both professional and personal success.  Many divorces are expensive.  Mine, though was priceless.  I’m deeply grateful to my team and sing the praises of the collaborative process every time I can.

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