An Ex-Wife or Ex-Husband Who Makes Payments On Community Property Debt During A Divorce Case Will Be Reimbursed For Those Payments By The Other Spouse.

Many times when couples separate there are issues with community money being used to pay a spouse’s separate expenses while the dissolution is pending and they are living separate. There are also situations where one spouse will pay for community expenses, such as the family house, with their separate income while the dissolution is pending. Both of these situations are often very complex and confusing without the help of an attorney that understands the law and can advocate for you in the best way possible.

In situations where a spouse is using the money they earned after the date of separation for expenses that both compiled during the marriage, the spouse that made those payments is entitled reimbursement for the expenses paid. In the case of In re the Marriage of Epstein, the court dealt with that exact issue and explained that reimbursement is entitled to that spouse in a divorce case unless the parties had an agreement before the money was used for the community expenses.

Also the court in that case looked at when a spouse uses shared money (community property) for their separate property expenses after the separation of the spouses has occurred. When one spouse uses the community money for their own expenses, they can be, and should be, ordered to repay the money used to both when the dissolution is being finalized.

Financial issues are some of the most complex issues that need to be sorted out when the divorce is being finalized. Due to these complexities when dealing with dividing assets and the rights regarding spousal support it is extremely important to hire a divorce lawyer that is responsive, reliable, and experienced in family law so that you can obtain the best result possible. The Law Offices of Michael S. Carrillo has a great deal of experience in divorce cases and will handle your case with the greatest care. Contact our office immediately for a free consultation at (626) 799-9375.