How to Ensure Your Shared Debts Are Handled Fairly During Divorce
Dividing assets during a divorce often takes center stage, but handling shared debts is just as crucial. I’m Tim Blankenship from Divorce661, and I want to help you understand why properly managing debts like credit cards, personal loans, and car payments during divorce is essential to protect your financial future and credit score.
Why Dividing Debts Matters as Much as Dividing Assets
When a marriage ends, debts don’t simply disappear. Shared debts remain obligations that can impact both spouses long after the divorce is finalized. If not addressed carefully, these debts can cause confusion, conflict, and even damage your credit. This is why it’s vital to approach debt division with as much attention as dividing property and assets.
Identify All Shared Debts Thoroughly
Start by making a comprehensive list of every debt owed by either or both spouses. This includes:
- Joint credit card balances
- Car loans
- Mortgages
- Personal loans, even if only one spouse’s name is on the account but the loan was used during the marriage
In California, debts incurred during the marriage are generally considered community debts. This means they belong equally to both spouses, regardless of whose name appears on the account. Recognizing this legal framework is key to understanding how debts should be divided fairly.
Clearly Assign Debt Responsibility in Your Divorce Agreement
Your divorce judgment should explicitly state who is responsible for each debt. This clarity is not just about fairness; it’s about legally protecting yourself. If a debt remains in both names and your ex-spouse doesn’t pay their share, creditors can still pursue you for the full amount.
To minimize risk, it’s often best to either pay off joint debts or refinance them so that only the responsible party’s name remains on the account. This step helps prevent future financial complications and protects your credit.
Real Client Example: The Importance of Closing or Transferring Accounts
We once helped a client who believed her ex would continue paying a joint credit card after their divorce, as their agreement specified. However, the account was never closed or transferred. When her ex stopped making payments, her credit score took a hit.
We assisted her in taking legal action to enforce the divorce agreement and worked with the creditor to reduce further damage to her credit. This story highlights why it’s critical to close joint accounts or transfer them solely into one party’s name as part of your divorce process.
How Divorce661 Helps You Protect Your Financial Future
At Divorce661, we go beyond simply dividing property. We ensure your divorce judgment includes clear, precise language about debt responsibility. We also guide you through handling creditors, updating accounts, and safeguarding your credit after divorce.
- Flat-Fee Divorce Services That Cover Debt Division
- Clear Legal Language to Protect Your Credit
- Guidance on Working With Creditors and Updating Accounts
- 100% Remote Service Throughout California
Steps to Take If You’re Concerned About Shared Debts
- Make a full list of all debts from the marriage, including those in one spouse’s name only.
- Review your divorce agreement carefully to understand who is responsible for each debt.
- Work towards paying off joint debts or refinancing them to remove one party’s liability.
- Close joint accounts or transfer them into the responsible party’s sole name.
- If debts aren’t being paid as agreed, seek legal advice promptly to protect your credit.
Protecting Yourself from Post-Divorce Debt Surprises
Dividing debts fairly and handling them properly is essential to avoid costly surprises after your divorce is finalized. By following these guidelines and working with experienced professionals, you can protect your credit and financial wellbeing.
If you’re worried about shared debts or want to ensure you’re not held responsible for your ex’s financial obligations, schedule a free consultation at Divorce661.com. We’ll help you navigate the process and ensure your debts are divided fairly and securely.
Remember: Proper debt division isn’t just about fairness—it’s about safeguarding your financial future.