Legal Question in Family Law in West Virginia

Debts mesh as community property

As I understand community property... SHE owns everything she HAD, HE owns everything he HAD, and everything we come into married is joint property. But she had large debts prior to union. If we pay off those debts with our joint earnings, where is the justice?? If bitterness develops, shouldn't some of HER property be partitioned to HIM to compensate.


Asked on 1/15/98, 8:00 am

1 Answer from Attorneys

Jonathan Schiff Self employed

community property v debts

Much depends on what the law in your state specifically provides for property distribution. Debts are also lumped in with property issues. But how all of this gets sorted out. You haven't indicated what stage you are at in a divorce proceeding or if one has started. But I would gather all documents concerning assets and debts and go see a lawyer if you haven't done so if a divorce is on the horizon. If you have children, you also are going to have to consider custody and support issues.

Generally fault is not as much of an issue anymore, especially when it comes to straight property division. But I don't offhand know how the court will handle the issue of past non-marital debts paid with marital property. Keep checking this bulletin board because someone with more expertise in that area (hopefully in West Virginia will answer

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Answered on 1/21/98, 3:57 pm


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