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Home Blog Should I Take Responsibility For My Partner’s Debts In A Divorce?


Should I Take Responsibility For My Partner’s Debts In A Divorce?

The thought of a divorce paints an immediate picture of spouses battling one another because
things couldn’t work out. They can disagree about everything and anything, ranging from
property sharing to children’s custody. However, some couples opt for negotiations not
because they will benefit but to avoid gloomy dramas. Such couples will go to a family law
attorney in Mesa to advise them on how to go about the situation. Other couples divided up
debts before finalizing the divorce process.

Division Of Debts In Community Property States

Like every community property state, divorcing couples in Arizona must split all debts they
accumulated during their marriage. Properties that either of the spouses acquired before the
marriage or as gifts during the marriage are regarded as separate individual property. They are
not included in the property that the spouses are expected to split.

In a community state property, debts are treated differently from other states. For instance, if
one of the spouses incurs private expenses such as a car loan during their marriage, they will
split the debts equally because of the community property policy. However, debts incurred
before the marriage and after divorce are not included. The Arizona State laws imply that the
divorce may leave you with more debts than you expected.

Can I Use A divorce Agreement To Bypass Community Property Laws?

Although you may not be legally obliged to bear the burden of your spouse’s separate debts
during a divorce, you have a role to play. If your children are left under your spouse’s custody,
you want to ensure that they get the best care. Debts will interfere with your spouse’s ability to
provide for the children. You can pursue separate agreements such as a different property
division strategy or taking up more debts.

However, it’s advisable to be cautious when setting separate agreements bypassing the
community property laws. You won’t modify the agreements after the divorce. Ensure that you
don’t bind yourself to agreements that you’ll regret later.

What Happens If A Spouse Files Bankruptcy?

A situation may arise where one of the spouses files for bankruptcy after concluding the
divorce. The primary question that individuals ask is whether the other spouse will be affected
by the bankruptcy. The spouse won’t be affected by the former spouse’s financial status. Even
Chapter 13 Bankruptcy Act would have an almost insignificant impact on the former spouse if
the case were concluded successfully.

According to Chapter 13 Bankruptcy, the spouse will have the debt payment reorganized into
different plans. The former spouse will not be involved in the debt payment unless they agree
on personal levels.

Contact Jensen Family Law

Do you have any questions regarding the division of family property during a divorce? Call
Jensen Family Law Firm or visit the company’s offices. You can also find more information
through this URL: https://familylawattorneymesaaz.net/

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Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Mesa AZ
3740 E. Southern Ave Suite 210
Mesa, AZ 85206
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence




LET US REVIEW YOUR CASE

Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then turn left and Destination will be on the right.

We’re open 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 or you can find us on Yelp.