Legal Question in Family Law in California
My husband will be filing for divorce soon. He is in the military and I am entitled to $900 per month from him until our divorce is final, to pay my rent (he is living on base and I am in our apartment off base). He is saying that the credit cards that he charged up and let go to collections is my responsibility, and I understand that it may be, because we live in a community property state. However, we purchased a Jeep in February and between the down payment and the payments we've made, about $8100 of it has been paid off. Is the amount we've paid towards the Jeep community property? The title/loan is in my husbands name, but we've paid the Jeep payment from our joint bank account. I do not have a car of my own, because my husband kept putting it off and even though I tried to save, he spent the money I tried to save for a down payment for another car. Am I responsible for my husbands credit card debt? Does the $8100 we've paid toward the Jeep count for anything for me, like possibly canceling out the debt that my husband says I'm half responsible for? He is threatening to lower the amount of money he gives me for my rent, when I'm entitled to it through the Marine Corps and I don't think he's looking at the big picture, I just want to know what the debt and the Jeep count for. I don't see how it's fair that I am responsible for half of the credit cards he charged up, but he gets to walk away with all the money we've put into the Jeep, scott free. Any advice? I understand the military complicates things, but am curious about the debt and our Jeep specifically.
6 Answers from Attorneys
Title has nothing to do with characterizing a property. If the property was paid for with community property in general, it is community property. Many offices, such as ours, offer a free one hour consultation if you would like to discuss your situation further before making any agreements.
Depending on the length of your marriage and the incomes you and your husband make, you may also be entitled to spousal support even after the military benefits cease. Best to meet with a skilled family law attorney to assess your legal options.
In answer to your questions: 1. The basic law regarding debt is that if incurred during marriage, it is community and will be divided equally; 2. What is divided in the car is not the amount put into it, but the amount of equity left, meaning what it is worth less how much is owed on the car. And yes, you should speak with a qualified family law attorney especially about the support issue. Good luck!
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