Debt & Divorce
Normally, after a divorce and after the parties divide their property, a person is not liable for the other spouse’s debts incurred during marriage. However, if the other spouse’s debts are assigned to a person in the division of property pursuant to a dissolution, that person is personally liable for debt, and his or her separate property and any commpunty property he or she receives in the division is liable for the other spouse’s debt.
If a money judgment for the debt is entered after the division, the property is not subject to enforcement of the judgment, and the judgment may not be enforced against the formerly married person unless the person is made a party to the judgment for that purpose.
On the other hand, if the property became subject to a lien during the marriage, it remains subject to the lien even if the nondebtor spouse is awarded the property subject to the lien and the other spouse is awarded the debt.
