CALIFORNIA FAMILY LAW
...Community Property Issues
......Debts/Obligations/Reimbursement
.........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.