Property Division Attorney in , California

Division of Assets & Debts: Am I responsible for my spouses reckless accumulation of credit card debt?

More In This Category

View Transcript

Generally speaking, all debt that’s accumulated during the marriage is community debt, which means each spouse ends up being responsible for 50 percent of it. In situations where a spouse can prove that the other spouse has been committing what’s called waste of community assets, meaning spending the community assets, running up debts in a way that has absolutely no benefit to the community, such as buying illegal drugs or spending money on prostitutes, then there is an argument to be made that that debt is solely one spouse’s responsibility. Whether you’re responsible for your spouse racking up credit card debt ultimately turns on whether you can show that it was reckless and whether it was a waste and that’s a very fact-specific inquiry. Every case is different. It depends what’s been going on in that particular family’s life and ultimately it’s a case that you have to prove to a judge.

Contact Dora Larson

See All This Lawyer's Videos

Los Angeles, CA family law attorney Dora Larson talks about how debt is divided during a divorce and gives an example of an extenuating circumstance. She explains that in general, any debt incurred during a marriage is considered community debt, which means both spouses are equally responsible for 50 percent of it. However, there are circumstances where a spouse can provide evidence of what is known as waste of community assets. This refers to situations where one spouse recklessly spends community assets, accumulating debts that provide no benefit to the marriage, such as engaging in illegal drug purchases or spending money on illicit activities. In such cases, it is possible to argue that the debt should be solely attributed to the responsible spouse.

Determining whether you are accountable for your spouse’s credit card debt depends on demonstrating that their actions were reckless and constituted waste. This is a highly specific inquiry that relies on the unique facts of each case. The outcome will depend on the circumstances and events within that particular family’s life. Ultimately, it is a matter that must be proven before a judge.

It’s important to note that every case is different, and the burden of proof lies with the party seeking to attribute the debt to their spouse. Seeking legal guidance in such matters can provide you with a better understanding of your rights and options.

More Videos From This Lawyer