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341 W 2nd St, Ste 4, San Bernardino, CA 92401

“In addition to dividing assets, the court must characterize debts as separate or community and assign them to the parties. [Fam. Code, § 2551] As a general rule, during the marriage community property is liable for the debts incurred by either spouse before marriage or during marriage prior to separation, regardless of which party has management and control of the property and regardless of whether both spouses are parties to the debt or the judgment for the debt. [Fam. Code, § 910, subd. (a)] However, in the division of community property, debts incurred by one spouse prior to marriage must be assigned to that spouse without offset. [Fam. Code, § 2621] Additionally, the separate property of a spouse is not liable for the debts incurred by the other spouse prior to marriage. [Fam. Code, § 913, subd. (b)(1)]”

[California Civil Practice Family Law Litigation [certain citations omitted]]

Post Author: lawofficesofjamesrdickinson