[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Arizona law defines community property as all property and assets acquired by a married couple during the marriage. However, the law prevents community property from being used to acquire separate property after filing an annulment, divorce, or separation. It also protects the status of pre-existing community property. That means simply filing a divorce will not change the legal status of any shared bank accounts, property, real estate, or retirement and investment accounts.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Community debt is divided equitably by a judge, not necessarily 50\/50. Distributing the burden of debt can be a factor in divorce negotiations. If you incurred a debt during the marriage, then it is community debt and should be fairly divided. However, certain factors can affect the exact division of debt, such as when one spouse wants to keep the home. An Arizona divorce lawyer can help determine if any of these factors may apply to your case.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"Arizona law protects separate property belonging to one spouse from being used to settle the other spouse\u2019s separate debt from before the marriage. However, community assets may be used to pay separate debt acquired before the marriage in some cases.  For example, you may have had student loans when you got married. But if you worked during the marriage or otherwise contributed, you could use community assets to settle those debts. However, you cannot use your spouse\u2019s separate assets to pay off your separate debt.  This can get complicated quickly. The law also states that to use community assets to settle pre-marital separate debt, the debtor spouse must have contributed correspondingly to the union. A divorce attorney can help establish the monetary value of your contributions and justify using community assets to settle separate debt during divorce negotiations. This can be especially helpful for intangibly valuable assistance provided by stay-at-home spouses.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"If both names are on the debt, such as a joint car loan or joint mortgage, you would be responsible for the debt if they stop paying their share. If you\u2019re concerned that your spouse isn\u2019t going to pay their share of the debt, then part of your divorce negotiations can include offering to sell your portion of the asset to your spouse and restructuring the loan so that it\u2019s solely in their name. Or you could offer to buy out your spouse\u2019s share of the property and place the loan in your own name.  If the joint debt is allocated to your spouse per your divorce agreement and your name is not on it, it is no longer your responsibility. For example, if you restructured a car loan so it\u2019s in your spouse\u2019s name and not yours, the lender can only come after your spouse or seize their separate assets to settle the debt.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"You may be liable for debt if your spouse agrees to pay debt associated with community property and files Chapter 7 bankruptcy. Your spouse\u2019s debt liability is discharged, but the creditor doesn\u2019t consider the debt paid. The creditor may file collection actions against you or garnish your wages to satisfy the debt.  However, you should not be affected if your spouse has separate debt and files bankruptcy because they cannot pay it. If your spouse files for Chapter 13 bankruptcy, their debts are organized into a three to five-year payment plan. This plan is their sole responsibility. You could be affected if your spouse is behind on child support payments, though. Those debts are included in the payment plan. The bankruptcy court will structure the payments so the child support debt will be paid in full by the end of the payment arrangement. But if your spouse misses the payments, their bankruptcy case could be dismissed. This dismissal could mean you wouldn\u2019t receive the outstanding child support.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Arizona law defines community property as all property and assets acquired by a married couple during the marriage.","name":"Answer Question5","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Arizona law defines community property as all property and assets acquired by a married couple during the marriage.","name":"Answer Question6","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer6"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Will Community Debt Be Divided Equally Between Us?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer1"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Question1"},{"@type":"Question","name":"Do I Have to Pay for Debt My Spouse Acquired Before We Were Married?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer2"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Question2"},{"@type":"Question","name":"Am I Responsible for My Spouse's Debt If They Stop Paying It?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer3"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Question3"},{"@type":"Question","name":"What Happens If My Spouse Files for Bankruptcy After Divorce?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer4"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Question4"},{"@type":"Question","name":"What Is the Definition of Community Property?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer6"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Question6"}],"name":"Am I responsible for my spouse's debt in a divorce in Arizona","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Answer5"},"name":"What Is the Definition of Community Property?","@id":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#Question5"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Am I responsible for my spouse’s debt in a divorce in Arizona","item":"https:\/\/www.phoenixlawteam.com\/blog\/reponsible-for-spouses-debt-in-divorce\/#breadcrumbitem"}]}]