Q: California divorce and debt exceeding assets in one persons name. Can I get a judgement against him saying he owes me?
Our credit card debt is in my name only. I have someone who will pay it off for me but I want to get some kind of judgement that shows he owes me for his half. He does not have any money now but will sometime in the future. Is it possible to get a judgement against him in the divorce?
A: Debts incurred during the marriage are community debts, regardless of whose name is on the account. Debts acquired and/or incurred at any time from date of marriage to date of separation are considered debts of the community which are then shared 50/50 between the spouses. The court however, can assign debt to the spouse who is better able to pay it off. If there are also community assets, his share of the debt can be deducted from his share of the value of the community assets.
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A: In your divorce proceedings, you can seek a division of debt just as you would with assets. If the court finds that the credit card debt should be shared, it can order your spouse to pay you a portion. This becomes an enforceable judgment as part of the divorce decree. However, if your spouse currently has no funds, collecting on that judgment may be challenging until he has the means to pay. It's important to document your agreement regarding the debt repayment in your divorce settlement. If he later acquires assets or income, you may then have the means to enforce the judgment. It is advisable to discuss these matters with your attorney, who can guide you on how best to protect your interests and pursue this debt division within your divorce proceedings.
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