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 Genesis Family Law and Divorce Lawyers

Do you have any questions regarding the division of family property during a divorce? Call
Genesis Family Law and Divorce Lawyers 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.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(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.

Genesis Family Law and Divorce Lawyers 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.

Genesis Family Law and Divorce Lawyers 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.

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

How Is Property Divided In An Arizona Divorce?

How Is Property Divided In An Arizona Divorce?

Divorce is hard for everyone, but you can make the process a little less painful(and easier) by researching how property is divided upon divorce. After you research well, you should contact a family law attorney Mesa and see what your options are. Arizona law requires an equitable division of all community (marital) property upon divorce. This blog post will provide you with all the information you need to differentiate what property will be up for division and what will be considered personal property.

Identifying Assets And Debts

Both you and your spouse will have to make an inventory of all your assets and debts, whether jointly or separately owned/owed. Identification should be comprehensive and precise. You must describe all your assets and debts with specificity as to description, date of acquisition, etc. The judge will then determine, based on factual evidence like paperwork and your testimonies, the proper category for your various assets and liabilities.

Personal Property Is Not Subject To Division Upon Divorce

With a few exceptions, all the assets and debts you acquired before the marriage will remain your own throughout and after marriage. All property acquired before the marriage by either spouse is considered personal property and cannot be divided between the spouses after divorce. Spouses do not have a legal claim to or liability arising from each other’s personal assets and debts.

Even though property acquired after marriage is presumed to be owned communally, personal property can be acquired after marriage through several means. The most common ways of acquiring personal property after marriage are if the property was given to the spouse as a gift or as an inheritance. Any property acquired after the initiation of divorce proceedings is also personal property.

Community Property Is Divided Equitably Between Spouses

With a few statutory exceptions, community property includes all assets and debts that were acquired after marriage. It includes the marital home, pensions, 401ks, IRAs, deferred compensation, commissions, stock options, salaries, and all property purchased using such wages.

Co-Mingled Or Transmuted Property Is Shared Between Spouses

Personal property may be handled in such a manner as it comingles with community property to a level where the difference between it and community property is indistinguishable. For example, where one spouse funds their personal business holding using a loan or finances from the community property. Commingling may happen accidentally or intentionally, but it always causes personal property to be considered communal.

Transmuted personal property is that which has undeniably transformed into category property. Usually, a spouse may transmute their personal property by expressly gifting it to the community. Personal debts and liabilities, e.g., student debts, become transmuted by the agreement of both spouses.

Classification Of Assets And Liabilities

After you and your spouse list all the property and liabilities that you each own or owe, the judge will have to categorize them as either personal or communal property. Classification of the property into these categories can be straightforward or complex depending on the variables considered. This categorization is usually based on a combination of factors.

The judge will consider whether the property was acquired before or after marriage. The court will also consider if the title or other proof of ownership bears the names of both spouses. Having a single spouse’s name on a title document does not guarantee it will be considered personal property. During categorization, the judge will also consider evidence of commingling or transmuting property.

Valuation Of Assets Communal Assets

After identifying and categorizing all your assets and liabilities, the next step is to assign the value to all the community property identified. Fair market value must be established for the non-sentimental property. Where spouses wish to divide the property of purely sentimental value like pets or family photos, then they will have to come to a settlement agreement as to who gets to keep what.

The longer you have been married and acquiring communal property, the more complex the listing, categorization, valuation, and division of property shall be. Challenges usually experienced during valuation include concealed property, hidden assets, and undervalued property. Your lawyers will engage forensic accountants and investigators who will sift through your financial transactions to compile a complete and honest listing of all your tangible and intangible property.

When the court determines the value of communal property, they consider what the spouses have agreed to as the value, their testimony, and any available expert evaluations. At trial, your spouse will also call their own expert witnesses to assign value in complex property division cases. The court will consider all the testimony and the credentials of the expert witnesses when assigning value to communal property.

Division Of Community Assets And Debts

Division of property is the final step in this process. The judge begins by awarding each spouse any property found to be personal. Finally, the judge awards each spouse one-half of the community estate, with a few exceptions. Where couples have a valid prenuptial agreement, it must be adhered to when dividing the community property.

Sometimes, the conduct of the spouses during the marriage can affect the division of the communal estate. For example, where one spouse depleted the communal estate, e.g., by gambling or funding extramarital affairs, the judge will order that spouse to compensate the other for their share of the communal property.

Usually, the communal estate is used to settle all debts acquired during marriage before dividing the remaining assets. Spouses can agree on who gets which property, failure to which the court often orders the sale of all communal property. The proceeds from the sale are much easier to distribute equitably than the property itself.

Always Seek Expert Help

There are many considerations, including taxes, to factor in when dividing property after divorce. It is advisable to rely on a reputable firm like https://familylawattorneymesaaz.net/ who will walk you through the whole process with efficiency and empathy.


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.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(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.

Genesis Family Law and Divorce Lawyers 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.

Genesis Family Law and Divorce Lawyers 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.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120

https://familylawattorneymesaaz.net/florence