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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Is there any way to walk away from a spouse who has major debts,

Resolved Question:

Is there any way to walk away from a spouse who has major debts, has a good paying job, who will agree to take care of all financial aspects of house and child and debt accummulated over 17 years of marriage?
Submitted: 6 years ago.
Category: Family Law
Expert:  S. Kincaid replied 6 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

Since California is a community property state, the creditors may try to enforce the debts against you if your spouse does not pay. You could include a provision in your judgment requiring your husband to hold you harmless, however. This means that if your spouse does not pay and the debt is being paid out of your own money, you can seek reimbursement from your spouse.

Steven Kincaid :

Also, if the court divides your property for you, it will divide all community property assets and debts in an equal fashion. So, if the assets are worth $50,000 and the debts are worth $50,000, all assets and debts could be awarded to one spouse. If you and your spouse agree to a different property/asset division, the court will usually accept your agreement.

Steven Kincaid :

You may be able to collect spousal support. Would the child remain with the other spouse? If so, you could owe child support. In some situations in California, child support is paid to the non-custodial parent based on how much time each parent spends with the kids and how much income each parent has.

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