Q: Spouse has a student loan. In FL-160 (Property Declaration), should this item marked in Community or Separate Decl?
Spouse has a student loan started to have during marriage for her grad school.
In FL-160 (Property Declaration) form I file for attachment to FL-345 and FL-180, should I mark this spouse's student loan in FL-160 for Community and Quasi-community property declaration or Separate Property declaration?
I know that student loan is type of Separate property and responsibility is on the spouse. However, in the Form FL160, I want to make sure I include this to proper FL 160 between FL160-Community OR FL160-Separate.
A:
Under California law, debts incurred by either spouse during the marriage are generally considered community property. However, student loans are an exception to this rule. If your spouse acquired the student loan during your marriage for her graduate studies, it is typically regarded as her separate property.
When completing Form FL-160 (Property Declaration) as part of your divorce proceedings, this student loan should be listed in the section for separate property. It's important to accurately classify debts and assets in these forms to ensure a fair and legal division of property.
Remember, while this guidance is based on general principles of California family law, each situation has unique aspects. It may be beneficial to consult with an attorney who can provide advice tailored to the specifics of your case. This will help ensure that your interests are properly represented and protected throughout the legal process.
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