California Family Law Attorney

Debts and Liabilities: Family Code section 2622

This divorce statute is important to understanding the powers of divorce judges to divide debts incurred during the marriage, including for instance debts that were incurred in bad faith as part of a deliberate misappropriation of property. Also, in negative asset estate cases, it gives trial courts the discretion to assign debts taking into account the parties' relative abilities to pay.

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CALIFORNIA FAMILY CODE

DIVISION OF PROPERTY

DEBTS AND LIABILITIES

Family Code Section 2622

(a) Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be divided as set forth in Sections 2550 to 2552, inclusive, and Sections 2601 to 2604, inclusive.
(b) To the extent that community debts exceed total community and quasi-community assets, the excess of debt shall be assigned as the court deems just and equitable, taking into account factors such as the parties' relative ability to pay.