Q: How will CA divorce handle $63K debt, $44K retirement?

A: In California, community property laws mean that both debts and assets acquired during the marriage are typically split equally. Since the $63,000 debt was incurred during the marriage, the court will likely divide it between both of you, regardless of whose name it's under. The same applies to retirement accounts—your husband's $39,000 and your $5,000 will likely be combined and then split so that each of you receives an equal share. This means you may be entitled to a portion of his retirement, and he may be responsible for part of the debt.

Regarding the vehicle, the court may consider the fact that your husband wrecked it and has hidden it while refusing to make payments. If the car was a marital asset, he could be held accountable for its value or the remaining loan balance. You might be able to argue for a greater share of the assets or a reduced share of the debt if his actions were financially damaging. Providing proof, such as loan statements and any communication about the vehicle, could help your case.

If you and your husband cannot reach an agreement, the judge will decide based on fairness under California law. You may want to ensure all financial documents and any evidence of misconduct are presented clearly. Since you’re at the settlement stage, this is the time to negotiate for a fair division that accounts for both the debts and the way assets were handled during the marriage.