CALIFORNIA FAMILY LAW
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Community Property Issues
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Debts/Obligations/Reimbursement
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Division/Allocation of Debts
............Agreement/Order to Assume
7 Cards On This Topic:
Person is liable for debts of other spouse assigned to that person in division of property.
Court may order one party to pay a debt for the benefit of the other, however creditor may not enforce order.
Agreement to assume debt included in MSA executed before charging motion filed insulates nondebtor spouse from liability; judgment incorporating MSA not required.
P precluded by statute from enforcing D's divorce judgment which ordered D to repay his ex-W's debt to P.
H may not offset debt incurred during marriage against c/p royalties where he agreed to hold W harmless therefrom.
When MSA assigns c/p business to spouse who was operating it as s/p, creditor cannot reach c/p assets assigned to nondebtor spouse re debts associated therewith.
Cases discussing court orders to assume debts.