Legal Question in Family Law in Washington

Re: Personal loan from former inlaw

As a general rule, debts incurred during the marriage are community debts (both spouses may be responsible for the debt).

If the $3,000 loan occurred during the marriage and before the separation, then the loan is most likely a community debt.

However, there must be sufficient evidence that a debt exists for the court to divide the debt in your dissolution (divorce) case. Testimony regarding the loan is one type of evidence upon which the court may rely.

If the court finds that either you or your spouse incurred the $3,000.00 loan during the marriage, then the court will divide the debt in a 'just and equitable manner.' Typically, this may be a 50/50 division, but the court is not obligated to divide community property 50/50.

If your divorce is final, then refer to the property division portion of your Decree of Dissolution to determine the debts for which you are responsible. Does the Decree of Dissolution make you or your former spouse responsible for the repayment of the $3,000.00 debt? The spouse made responsible for the debt must repay the debt.

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