Legal Question in Family Law in California
Ex H bought a new car one month before filing divorce (in his name only - financing, title, registration, etc.). After filing for divorce he filed Chapter 7, including the vehicle, but reaffirming the debt with lender. He now claims I am responsible for 1/2 of the debt concerning community property division.( I never even drove his car!) Am I liable for this debt as community property?
1 Answer from Attorneys
If the debt was acquired before the date of separation it is a community debt. Since the bankruptcy discharged him from the debt - the family law court would assign the entire debt to you. On the other hand if there are community assets to compensate you for having to take on this debt, then they would be assigned to you instead of him. e.g. whatever equity is in the car.
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