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Debts Incurred After Separation

In many cases any new debts incurred by one of the spouses after a couple has decided to separate are considered to be the responsibility of both spouses. This is true in both community property and common law states, but courts may make a different determination, depending on the circumstances of the debt.

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Dividing Up Debt in a Divorce

In addition to the property acquired during the marriage, the marital debt is divided upon divorce. Dividing the debt upon divorce determines who is responsible to repay the debt.

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Bankruptcy After Divorce in a Community Property State

If you live in a community property state, bankruptcy laws allow the debts of your former spouse to be viewed as debt that belongs to you. There are several ways that these bankruptcy laws can affect you if your former spouse files for bankruptcy after your divorce.

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