Legal Question in Family Law in Washington

debt

Am I responsible for debt that she incurred before marriage? example student loans, credit cards, and if so if she takes possesion of those items does she also incur the debt from that? If she is taking the house am I responsibe for part of the refinance and closing costs? How do I go about seperating things that have my credit attached to them like automobiles that still have loans out on them? I have been told that retirement (401k) funds are community property and they get split also. Is that correct? Also if I made a deal with her to carry her medical insurance instead of paying the mortgage payment to keep me from getting abandonment on the house is that something that I should have in writing?


Asked on 6/24/09, 12:01 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: debt

I am going to assume you are planning to get divorced. Many factors play into how debts and assets get divided. The shorter the marriage the more the inclination of the courts to just try to put the parties back as near where they were before they were married. Although all property and debts are before the court in a dissolution of marriage (divorce) generally, especially in a short term marriage they are going to allocate what was separate property and debt as separate property and debt. All of these things are subject to negotiation and if you go to trial to an attempt by the court to balance the distribution. Anything that you negotiate should be documented, depending on when it is done it may be either a separation agreement or a CR2A Agreement. If this is important, you should retain an attorney to give you an evaluation based on all the specific facts of your situation.

Read more
Answered on 6/24/09, 12:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington