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Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
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How does California law divide debt during divorce?

On Behalf of Law Offices of John A. Guthrie | May 29, 2023 | Blog, Divorce

Property division is often a contentious part of divorce proceedings.

California is a community property state. Therefore, the court will divide all community property equally, including debts.

Defining community vs. separate debt in divorce

Any debt accumulated during the marriage is community debt. This is typically true even for debt under only one spouse’s name. For example, if one spouse has credit card debt in their name, both spouses may be responsible for half.

Debt classified as community property falls between the start of the marriage and the date of separation. Any debt acquired before the marriage and after separation is separate property. Sometimes the date of separation is difficult to determine.

In general, it refers to the day that either spouse has the subjective intent to end the legal marriage or takes definitive steps to demonstrate their intention to end it. Examples could include the day one spouse moves out or starts sleeping in a different room. Either way, it must be a final decision.

Debt as separate property during the marriage

Exceptions to the equal division rule exist. For example, you can sometimes argue an exception if the debt only benefited one spouse. Student loan debt is a common example because only the spouse with the education will continue to benefit from it. This may only be true if the other spouse did not significantly benefit the other spouse’s education during the marriage.

Every case is different, but when spouses can agree on the distribution of property, it will speed up the process.

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