Division of Debts in San Francisco

Insight from a San Francisco Divorce Lawyer

In California, any joint debt must be divided equally between spouses. It is important to understand that California is a “community property” state. This means assets and debts must be categorized as either marital property (to be divided equally) or separate (remaining with the spouse that owns them). Before debts can be divided between a divorcing couple, the type of each debt must be determined.

This can be a complex process, which is why you are encouraged to retain counsel from a seasoned divorce attorney in San Francisco. Attorney Diana Romanov* has been studying law since 1998 and is deeply familiar with the laws that dictate debt and property division in California.

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Community vs. Separate Debt

Debt will fall under these two main categories. You may be wondering whether or not certain debts will have to be divided between you and your spouse or would be kept separate.

Here is a quick breakdown to better explain these two categories:

Community debt – Typically, any debts incurred after a couple is married will be counted as community debt. Even if only one spouse incurred the debt, such as signing for a vehicle purchase, so long as the debt is incurred during the marriage and prior to the separation debt, it will need to be divided equally between them.
Separate debt – These may be any debts that are incurred before the marriage occurs or following the separation date. They will belong to only the spouse that specifically incurred them.

Another important step in this process is determining a date of separation, such as when a couple agreed to separate. Any debts incurred by either spouse after a couple is separated will generally fall under the category of separate.

Why Trust Your Divorce to Attorney Romanov*?

Selected to the Super Lawyers® Rising Stars℠ list and the recipient of the Outstanding Pro Bono Award For Family Law Cases by The Justice And Diversity Center, Attorney Romanov* is the advocate you want on your side. With years of experience under her belt, she understands complex and often confusing debt division matters.