Redlands, CA asked in Divorce for California

Q: if debt was accumulated prior to marriage but continued to grow during who is responsible for it?

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1 Lawyer Answer
Edgar Diaz
Edgar Diaz
Answered
  • Temecula, CA
  • Licensed in California

A: The interest that has accumulated from the principle debt that was acquired prior to marriage is still separate debt. Any new debt and interest on that new debt that was acquired during marriage is community. For example, if you had $1000 of credit card debt prior to marriage, and during marriage you never used that credit card but the interest added $250, for a total debt of $1,250.00, then an attorney would argue that all that debt is separate debt and only the spouse that incurred the debt is responsible. However, if the credit card was used during marriage and it added another $1,000.00 to the debt for a total of $2000 principle plus $500 interest, then the $1000 prior debt and interest is still separate, but the new principle debt and new interest is community. (separate is only one spouse is responsible, community is that both spouses are responsible).

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