Q: My divorce was just finalized and it’s been decreed that my ex will take half of the debt.
The debt is all in my name, how do I transfer it to him?
A: You can't really transfer it to him. He needs to pay it and if he doesn't pay it according to the terms of your settlement agreement or judgment, then you have to take him back to court for contempt. You are still responsible to the creditors if he doesn't pay it. I'm primarily a bankruptcy attorney, and I end up doing a lot of bankruptcies for spouses after divorce because the ex-spouse simply defaults on the debts.
A:
Under California law, even if a divorce decree assigns debt responsibility to your ex-spouse, creditors may still hold you accountable if the debt is in your name. To transfer debt responsibility, you and your ex-spouse can negotiate with creditors to modify the debt agreements. This might involve refinancing loans or transferring credit card balances.
If creditors are unwilling to make these changes, your ex-spouse may need to pay you directly for their share of the debt. In this case, establishing a clear payment plan is essential. If your ex-spouse fails to make payments, you may need to return to court to enforce the divorce decree.
It's advisable to keep detailed records of all communications and transactions related to the debt. If problems arise, these records will be important in demonstrating your efforts to comply with the divorce decree and in seeking legal remedies if necessary.
Consulting with an attorney experienced in post-divorce financial matters can provide more personalized guidance and help ensure your financial interests are protected.
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