Creditors Rights upon Divorce

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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What Rights Do my Creditors and my Spouse's Creditors Have to Our Respective Property when I Get a Divorce?

Although it is not what most people think about when they get a divorce, a major issue in most divorce settlements is who gets to take the debt from the marriage with them.  This can be a major concern for both sides if the couple has built up substantial debt, and in community property states it is even more important.

Are There Any General Guidelines about How Debt is Split Up upon Divorce in Community Property States?

The basis of all rules regarding creditors' rights upon divorce in community property states is that only when a spouse actually manages a particular piece of property can his creditors get to it.  If one party never was allowed to manage something then their creditors can never get at that property to satisfy the debt of that person.  The rules that follow from this rule are quite straightforward then: 

Should I Contact a Lawyer Regarding my Divorce?

Although there are many do-it-yourself kits out there to help you with a divorce, there are many tough decisions to make when you get divorced and you may miss something if you try to do it on your own.  If you have any kind of assets you should contact a lawyer to make sure you and your current spouse properly divide your debt and equity. 

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Last Modified: 04-23-2012 03:34 PM PDT

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