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Are you ready to talk about debt in property division?

| Jun 10, 2020 | Divorce

While debt can be a source of stress during a marriage, it can be much more complicated during divorce. Who gets the debt during property division is not always straightforward, and some people in Kentucky are even more concerned about dividing debts than they are with other marital assets. Here are a few things to keep in mind when dividing up debt in a divorce.

One of the first things to figure out is who is legally responsible for which debts. Maybe one person took out a personal loan in his or her name, but also took out a joint loan with a spouse. He or she might be responsible for paying back the personal loan. However, both spouses might be equally on the hook for repaying that joint loan since it bears both of their names.

The court does have the power to decide who gets which debts, though. For example, a judge could order the spouse with the higher income to pay back a joint debt on his or her own. This could be for something like a credit card or auto loan that was taken out during the marriage.

Couples do not have to split up their assets equally in Kentucky, meaning that one person might end up with more of the marital property. But this also means that debt is not always split evenly. It can be frustrating to leave a marriage with a significant amount of debt — especially if it is joint debt — so it is important to be as proactive as possible when heading into property division.