Thank you, L.
This is not unusual. By default, what happens is that for loans that have both of your name on it, both of you are liable to the creditor. Now, if the loan is in both of your names but was for the benefit of only one individual, then the family court may
order that party to repay the loan wholly themselves, based on equity (fairness).
However, this is not automatic. If the two of you cannot agree, and it seems that you cannot, what has to be done here is that one party must file what is known as a Motion for Clarification
as a post-decree motion. The Court then will hear the matter and will render a supplemental order that addresses who is to pay what based on equity (fairness).
However, one does have to file the motion to have this happen. An attorney is highly recommended here. May I recommend the CA Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. Alternatively, the motion may be found on sites like www.usalegalresource.com
Often, the mere threat
of filing this will have the other party agree to work out a deal to avoid going back to Court and having the Judge decide.
I hope this helps and clarifies. Good luck.
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