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Receive Fair Division of Debts

How Debts Are Divided In Divorce

Work With An Experienced Ventura Divorce Attorney

You very often hear about battles over community property occurring in divorce cases. California is a community property state. This means that property and assets acquired by a couple during the course of a marriage are considered to be owned 50-50 by both parties. The same holds true for debts. They are also considered community property regardless of whose name is on the account.

In a divorce or legal separation proceeding, full disclosure by both parties of assets and debts is required. Your Ventura divorce attorney will inform you of the various documents and information to look for order to obtain the factual information needed to provide a full accounting.

Separate Property vs. Community Property

Before you discuss the division of assets and debts, it is first necessary to determine which assets or debts are separate property and which are community property.

Debts incurred by each party prior to the marriage are separate property and debt incurred after are considered community property. It is important to know that creditors also consider that debts belong to both of you.

Although in your divorce or legal separation agreement you and your spouse agree to take responsibility for certain debts and even though this division becomes part of the court order, creditors do not have to abide by the court order. If later your spouse fails to make the payments, the creditor may insist that you make the payments. This situation could also have a negative impact on your credit report.

A knowledgeable Ventura family law attorney at our firm can advise you on this. We provide guidance and legal representation for clients in Thousand Oaks and all across Ventura County.

Contact Our Office

Should an ex-spouse defaults on paying community property debts, your only recourse is to take legal action against your ex-spouse to recover your money. Also, if you need assistance with creating a will or planning your estate, which can often be complex in the midst of a divorce, we are here to help! An experienced divorce lawyer at Negley Law, APC can advise and guide you through the debt division process so that your rights are safeguarded.

If you have questions about community property and division of debts, contact a Ventura divorce attorney at the firm who can give you sound advice.

Why Choose Negley Law, APC?

  • Prompt & Professional Legal Advice & Service

  • Over 20 Years of Combined Experience

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  • Certified California Family Law Specialists

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Testimonials From Our Clients

See How We've Helped Our Past Clients Resolve Their Family Law Matters
  • “He did a good job, has a great disposition, good manners, good poise, conducted himself properly at all times.”


  • “I am glad I found you guys. I really appreciate your help!”


  • “Words cannot truly express my appreciation for the team at Negley Law.”


  • “There’s no better lawyer to represent you than John Negley.”

    C. C.

  • “I appreciate all your hard work.”


  • “John is doing a terrific job on my case and I am very happy.”


  • “You and your firm are true professionals. You are fantastic.”


  • “Thank you for enforcing the court's order. You are the best.”


  • “Things went great and you're an awesome lawyer. Thank you so much for all your help and advice. ”


  • “exceeded expectations by under promising and over delivering.”


  • “what's most important to me is that you carried yourself with me and my wife in a honorable manner.”


  • “I felt very confident in court today because of all your hard work and it paid off!”