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Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
How to Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
In other states, such as Missouri, the courts divide martial debt equitably, so spouses are generally only responsible for the debt they incurred. If the debt was incurred on a joint credit card or loan, then both spouses would split that debt in divorce.
Missouri follows the rule of equitable distribution when it comes to dividing marital property, assets, and debts in divorce. However, equitable doesn't mean equal ? it means that a judge will allocate responsibility for marital debts in a way they deem fair.
All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by ...
All property, whether real or personal, acquired during a marriage is considered marital property. Likewise, all debt incurred during the marriage is considered marital debt.