Community v. Separate Debts in Tacoma and the Rest of Pierce County:
In Washington State, community property laws govern the division of assets and debts acquired during the marriage. Here’s a breakdown of community vs. separate debts:
Community Debt: Community debt refers to debts incurred by either spouse during the marriage for the benefit of the marital community. This typically includes debts accrued for household expenses, living costs, joint purchases, and debts taken on jointly by both spouses. In a divorce, community debts are typically divided equitably between the spouses, which may not necessarily mean a 50/50 split but rather what the court deems fair under the circumstances.
Separate Debt: Separate debt, on the other hand, refers to debts incurred by one spouse before the marriage, after the separation, or in some cases, debts incurred during the marriage that are specifically considered the separate responsibility of one spouse. Examples of separate debts may include student loans taken out before the marriage, credit cards solely in one spouse’s name and not used for marital expenses, or debts explicitly agreed to be one spouse’s responsibility.
It’s essential to note that while debts incurred before the marriage are generally considered separate, if those debts were paid off or commingled with community funds during the marriage, they could potentially be considered community debts. It is also very hard to prove that debts taken out only by once person during the marriage are separate. You will have to show that those debts were solely for that person’s benefit.
In a divorce, the court will typically aim to equitably distribute both community assets and debts between the spouses. However, the specifics of how debts are allocated can vary depending on the circumstances of the case, including each spouse’s financial situation, contributions to the marriage, and other relevant factors. If there’s disagreement about the classification or division of debts, it’s advisable to seek legal advice from a family law attorney familiar with Washington State law.
