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San Diego Division of Debts Attorney

When a couple gets divorced, they must divide their shared possessions between them, including their shared debts. In most states, debt is divided equitably between the spouses depending on a wide range of factors. However, the state of California adheres to communal property laws, which dictate that marital property and debts be divided between the spouses equally by financial worth, with few exceptions.

If you or someone you know is considering divorce and needs assistance with the fair division of marital debts, contact the San Diego division of debts attorneys at Fischer & Van Thiel, LLP, for a free consultation by calling 858-935-6211.

Distribution of Debts

Community property laws in California state that debts and property acquired during a marriage are subject to “substantially equal division.” Debts acquired by either party before the marriage are not subject to this division. However, debts that are acquired after a separation takes place may, in some cases, be subject to division:

  • Debts acquired by either spouse for the “common necessities of life” of either spouse or children, which may later be covered by child support or alimony, will be assigned depending on each party’s needs and abilities to pay.
  • Debts acquired by either spouse for nonessential items or services for the spouse or children will be assigned to the spouse who acquired the debt.

This division of property and debts by strict financial value may not take into account the wishes of each individual. Therefore, it is important to have an experienced San Diego divorce attorney on your side to help you fight for a fair outcome.

Contact Us

If you or someone you know needs help pursuing the fair and equal distribution of their marital debts, contact the San Diego division of debts lawyers of Fischer & Van Thiel, LLP, at 858-935-6211.

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