In a community property state, are debts still joint in a legal separation for mortgage purposes?
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In a community property state, are debts still joint in a legal separation for mortgage purposes?
Asked on March 11, 2019 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Community property is debt incurred during marriage. Community property also is income during marriage and property acquired during marriage. Each spouse has a one half interest in the community property.
Separate property is debt incurred prior to marriage and after the marriage ends.Separate property also includes debt incurred after separation with no intent to reunite. Separate property also includes income and property acquired prior to marriage or after the marriage ends or after separation with no intent to reunite. A spouse has no claim to the other spouse's separate property.
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