As exciting as the wedding day is, divorces have just as much emotion but in the opposite direction. Add to this the dirty mess of splitting up debt. But how exactly is debt split in a divorce?
In this article, Freedom Debt Relief Review will show various ways debt is split up, which can differ depending on a number of circumstances.
How much existing debt each couple brings into a marriage can play a factor in how it is split up. Each will leave the divorce still owing their existing debt. In this case, husband and wife don’t have to worry about existing debts from the other partner. At least in most cases.
Keep in mind that couples will often open accounts jointly. This instantly binds each spouse to any debt accumulated on the joint account.
Additionally, if your former spouse is not able to pay their debts, even for existing debt, creditors might turn to you for payment. Freedom Debt Relief reviews that in this case, you can have the court enforce the existing divorce agreement, so you former spouse pays their assigned debt or face fines or jail time.
Assignment Doesn’t Remove Your Name From Creditors
It’s important to understand that once a court assigns you to pay certain debts, that doesn’t mean your name has been removed from the creditor. Divorce assignment of debt and obligation to a creditor are two completely different things.
For example, if your name is also on the house, but you are not assigned to pay the mortgage in divorce court, your name is still on the house. If your former spouse is assigned the mortgage debt and doesn’t pay it, you’re still liable. The mortgage company can come after you.
As mentioned above, you can have the court enforce the agreement. But your name is on the house and a divorce doesn’t release you from that obligation.
Community Property State
A community property state is one in which couples are considered equal owners of all martial property. Even if your spouse has debt you did not know about, you still own 50% of it.
Freedom Debt Relief reviews that equal ownership of debt, in this case, is called joint debt. It means that creditors can come after you for the debt, even if you had no idea it existed.
Financial counseling before getting married and being fully transparent about each other’s finances are two great ways to avoid a divorce nightmare. Trying to stay debt free while in a marriage is the best option. After all, just when a couple of trying to separate, debt keeps them tied together for a long time.
If you suddenly have additional debt after a divorce, Freedom Debt Relief could help. Through their free evaluation with a debt counselor, you can work out a plan to help remove the extra debt burden and get it under control.