Legal Question in Family Law in California

Bills after a divorce

My husband purchased a new truck while we were still married, but it is only in his name. If he decides to give up the truck because he can't pay would the Bank go after me to receive the funds?


Asked on 8/18/00, 4:32 pm

1 Answer from Attorneys

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Re: Bills after a divorce

They might. It depends on how the loan documents were worded. In California, either spouse can contract for debts and both can be held responsible -- just like the assets are community property, so are the debts. However, many loan documents are worded that the debt is "separate property" or that the spouse is contracting for the debt in his or her name alone. To be safe, get a copy of the loan or lease documents.

If your husband was required to pay the debt as part of the divorce judgment, then if you're required to pay, you can request to be repaid by your ex through the family court. Good luck!

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Answered on 9/26/00, 12:31 pm


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