How to prove a community debt?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How to prove a community debt?

I borrowed 47K from my friend with a signed handwritten loan document between my friend and I. It eas executed during my marriage. My wife and I now filed a divorce. Can I use that handwritten loan document as a legal document to show proof of it as a community debt?

Asked on January 25, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking in a Community Property state, debts incurred during the marriage are considered "community debt."  However, it is recognized that a spouse can incur "non-community" debts during the marriage as well.  The test will be, then, if the debt incurred was incurred to the benefit of the community.  So, if you took out the money to fix the house that the two of you own then it can be shown to be used for the benefit of the community.  But if you took out the loan to pay off a gambling debt that you alone incurred then no, it will probably not be seen as community debt.  There is, by the way,an entire issue on the validity of the document here that has to be addressed as well.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption