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| FAQ - FAMILY LAW "If your ex-spouse fails to
pay for debts he/she acquired while you were married, can his/her creditors come after you
for payment?"
This FAQ was first published in Divorce Magazine
and is reprinted with their permission. |
| Q. |
If your ex-spouse fails to pay for debts he/she acquired
while you were married, can his/her creditors come after you for payment? |
| A. |
In general, virtually all debts
acquired while married by either spouse are deemed community-property debts, so a creditor
can seek payment from either spouse for the entire amount of the debt. People find themselves in this frustrating
predicament all the time when they receive letters or phone calls from creditors after
their ex-spouses fail to pay debts. The innocent and non-suspecting spouses' credit
becomes severely damaged, and they find themselves awash in an endless sea of paperwork.
They try to settle the dispute but generally end up paying a large amount of money to the
creditor with no hope of recovery from the deadbeat ex-spouses.
If you suspect your spouse is likely to
cause you credit problems after you separate, you should be proactive and contact all of
his or her creditors, to have the creditor acknowledge that they will look solely to your
ex-spouse for payment.
There are a number of issues that
affect your rights in this situation, such as your date of separation, the final
allocation of assets and debts, reimbursement for amounts paid, what constitutes community
property debt vs. separate property debt, and many more. If you are concerned about these
issues, you should review the governing provisions found in California Family Code ¤900
et seq. and contact a Certified Family Law Specialist to help guide you through the
process.
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