Is community debt always divided equally in divorce?
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Is community debt always divided equally in divorce?
I live in a community property state and have come to the end of the road in my marriage. In short, my husband is a gambling addict won’t admit though. My husband keeps his bank accounts separate, and I have never been privy to any financial information. I have no financial resources but over the past 7 or 8 months he has amassed more than 70k in credit card debt, and that is all that I am aware of. The majority of that debt would be due to gambling and not for our family. Is this still considered community debt, even though he used it to feed a gambling habit?
Asked on July 2, 2012 under Family Law, Nevada
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Community property is property acquired during marriage. Community property also includes income during marriage and debt incurred during marriage. Each spouse has a one half interest in the community property.
The debt incurred during marriage by your husband is community property. Community property is not always divided equally. The spouses can agree to an unequal division of community property.
If creditors come after you for your husband's credit card debt, bankruptcy would be an option to consider. Chapter 7 bankruptcy is straight liquidation which eliminates certain types of debts.
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