loader image
Close this search box.

Who Pays For Community Property Debts During Divorce

In a recent divorce case, the court of appeals ruled that a spouse who pays a community debt obligation with post-separation funds should receive reimbursement during an equitable distribution of property and debt. This case is important because it clarifies the legal position regarding the use of separate property to pay for community debts during a marriage.

The Case Background

In this case, the couple was married for a long time, and the wife filed for divorce in 2019. The husband moved out of the marital home before the wife filed for divorce, and the wife continued to live in the home and pay the community mortgage.

The Reimbursement Claim

At trial, the wife argued that she should be entitled to reimbursement for half of the payments she made towards the community mortgage because those payments were made with her separate property. The husband, on the other hand, argued that the wife should not be reimbursed because she had the benefit of living in the marital home. The court of appeals ruled that one party living in the house exclusively with exclusive use does not prevent them from making a reimbursement claim. In addition, ouster is a defense to a reimbursement claim. If one party has been ousted or deprived of their ability to use their community property, the offset against the reimbursement claim is equal to one half of the fair market rental value of that home.

The Right to Use Community Property

Each spouse generally has the right to continue to use community property after separation. This right extends to community property such as cars, houses, and other assets. While it’s typically considered a gift when separate property is used to pay for something during a marriage, the court of appeals clarified that this is not the case when post-separation funds are used to pay a community debt obligation.

This case is relevant to many individuals going through a divorce, as it provides clarity on how the courts view the use of separate property to pay for community debts. It’s essential to consult an experienced family law attorney to ensure that your rights are protected and that you receive a fair and equitable distribution of property and debt during a divorce.

When You Should Get Legal Help

With the right legal guidance, you can navigate the complexities of divorce and move forward with confidence. This recent divorce case provides a better understanding of the legal position regarding the use of separate property to pay for community debts, and it’s important to seek legal advice to ensure that you understand your rights and obligations during the divorce process.



Recent Posts
Follow Us