US-CaliforniaHow does California handle debts incurred during marriage in a divorce?
California presumes debts incurred during marriage are community debts, equally shared by both spouses in divorce—unless proven to be separate debts.
What the Law Says
California is a community property state, meaning most assets and debts acquired during marriage belong equally to both spouses—even if only one spouse incurred or knew about the debt.
Under California law, any debt incurred by either spouse during the marriage is presumed to be a 'community obligation'—meaning both spouses are equally responsible for it in divorce, regardless of whose name is on the account or who benefited from the debt.
This presumption applies unless the spouse opposing liability proves the debt was incurred for 'separate purposes'—such as after separation, for illegal activity, or for a clearly personal expense unrelated to family needs. The burden of proof rests with the spouse claiming it’s separate.
The court may assign responsibility for community debts unequally only if doing so is 'equitable'—for example, when one spouse concealed debt, incurred it fraudulently, or used it for wasteful or unauthorized purposes.
Statutory TextDebts incurred by either spouse during marriage are community debts.
— Family Code § 910(a) — Community Debts
Statutory TextThe court shall divide the community estate of the parties equally… including debts.
— Family Code § 2550 — Division of Community Estate
Statutory TextA party has the burden of proof to show that a debt is separate.
— Family Code § 2602 — Burden of Proof for Separate Debt
What Courts Have Said
California courts consistently uphold the community debt presumption but allow exceptions where fairness demands unequal allocation.
Confirmed that community property principles—including debt—apply uniformly unless rebutted by clear evidence of separate purpose.
Held that post-separation debts are generally separate—but exceptions exist if incurred for family necessities or to preserve community assets.
What to Do
Gather all debt records (credit reports, loan statements, billing histories) from date of marriage through date of separation.
Identify which debts were incurred before marriage, after separation, or for clearly personal use—and collect evidence (e.g., emails, receipts, testimony) to support separate-debt claims.
File a Preliminary Declaration of Disclosure (Form FL-142) within 60 days of filing or responding to the divorce petition—this includes full debt disclosure.
Request formal discovery (interrogatories, document requests) if you suspect hidden or misrepresented debts.
Consult a family law attorney before signing a settlement—unequal debt assignments require written findings of equity under Family Code § 2601.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.