How to prove a community debt?
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How to prove a community debt?
I borrowed 47K from my friend with a signed handwritten loan document between my friend and I. It eas executed during my marriage. My wife and I now filed a divorce. Can I use that handwritten loan document as a legal document to show proof of it as a community debt?
Asked on January 25, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking in a Community Property state, debts incurred during the marriage are considered "community debt." However, it is recognized that a spouse can incur "non-community" debts during the marriage as well. The test will be, then, if the debt incurred was incurred to the benefit of the community. So, if you took out the money to fix the house that the two of you own then it can be shown to be used for the benefit of the community. But if you took out the loan to pay off a gambling debt that you alone incurred then no, it will probably not be seen as community debt. There is, by the way,an entire issue on the validity of the document here that has to be addressed as well. Good luck.
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