California Marriage Debt Laws

Dividing Debts in a California Divorce 

Three Decades of Combined Divorce and Debt Division Legal Experience in San Diego

Much time is given to the division of property during divorce in discussions of divorce disputes and settlements. But when a couple opts to dissolve their marriage, who is responsible for marital debt?

California is a community property state, which means that, generally, both assets and debts acquired during a marriage are thought to be the property and the responsibility of both spouses. How, then, can a family law lawyer provide legal help regarding obligations?

First, we can help with the process. We can ensure that both you and your spouse correctly list all debts and obligations when completing the full-disclosure step.

We can then work to determine whether your spouse breached his or her fiduciary duty as a spouse in any way. A breach of fiduciary duty can result in a debt or "obligation" being assigned to one spouse post-divorce instead of both spouses. A commonly occurring example of a breach of fiduciary duty is debts incurred while gambling.

If you are concerned about California marital debt laws and debt obligations following a pending divorce, contact lawyers Elizabeth Lewis and Mary Naimish of the San Diego family law firm of Naimish & Lewis. We can help verify that all debts have been disclosed, then help you provide the documentation needed to support your claim to have obligations assigned to your spouse. We can also defend against your spouse's claims to have obligations assigned to you. For more information regarding marital debt obligations, contact our firm for a no-charge discussion.

Contact Us

If you face a marital property debt division challenge in San Diego County, contact the attorney team of Naimish & Lewis. We offer free initial consultations, accept Visa, Master Card, American Express and Discover, employ two Spanish speakers and are conveniently located close to Liberty Station, formerly known as the Naval Training Center. We also offer payment plans. To contact our firm, call 619-817-8458 or 866-834-4075.