Legal Question in Family Law in California

Community debt question

Hello, I have a question regarding how community debt obligations are handled in a divorce. If my wife and I have $40,000 in community debt, that means that each of us is responsible for $20,000. However, all of the debt is in my name in the form of credit cards or a second mortgage. When the divorce is completed and it is declared that she owes $20,000, how is this handled and is there some legal declaration that states she must repay a certain amount each month? What happens if she does not pay? Can repayment terms be declared in an MSA? Again, what if she does not abide by those terms of repayment?


Asked on 5/10/05, 11:15 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Community debt question

The second mortgage should be paid when the house is sold or that debt follows the person that takes the house. The remaining debt could be paid from the proceeds from the sale of the house. The court will divide the debt between you and your wife based on your income and her income. The division of community debt does not have to be equal. The court may also look at what was purchased in creating the credit card debt. You should consider retaining an attoreny to assist you in this matter.

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Answered on 5/10/05, 11:04 pm


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