Divorce settlement and debt

The distribution of the marital debts is the main points of disagreement in the divorce, many couples. Debts disputes are favored by confusion about the spouses of such debt should be responsible. To divide the marital debts, the parties must first determine what rules should apply, depending on the State has jurisdiction over the question of divorce. The parties establish the debt before the marriage, during marriage and after marriage were closed. States, the consequences of the law of the matrimonial assets of civil regime due to the "public" position, take these countries when it is called the Division of the property and debts are StatesCommunal property of the project or the local community. In the States of the municipal property, marriage debts (such as "together" belongs.) This means that each spouse holds a total but all debts. Missing a prenuptial agreement, matrimonial debt is divided into two and each spouse to an equal part are responsible. The amount of income earned each spouse has no effect on this Division .common right StatesCommon - right States are not States, the civil consequences; Laws instead follow the earlier case-law to determine how the property law should be split. In the States of the common law Division of debt several factors determined by including secured debt and this is no longer able to pay the debt. The spouse receives a share higher debt responsibility is also able to get an upper part of the property on the division.Marital DebtMarital debt all debts which includes during the marriage for the benefit of the spouse and family. Matrimonial debts include mortgage or mietenfür of the conjugal home loans and loans verwenDet to buy items for the matrimonial home furniture or equipment. Matrimonial debt is the responsibility of the spouses and rules.transmuted DettePropriété responsibility is divided between Division was spouse before the marriage State is called dependent spouses who then become the marital property cast. The extension also converts all debts, the attached property. This means that while debt before marriage could be separated, it has become since the responsibility of the spouses. Converted debt Division is subject to settlement.Individual divorce debt DebtIndividual, as separate debt, debt, secured by a spouse prior to the marriage. Educational loans and car loans are examples of this type of debt. It is not uncommon that these debts in marriage, but enter one or more properties with the debt that transformed during the marriage the spouse who originally guaranteed is only responsible for paying debts acquired. Individual debt subject to the division.Debt after DivorceDebts guarantees during or after the divorce procedure shall be considered individual debts. These debts are determined by the institution of the date, on which the parties primarily separated. If no, there was no separation before filing for divorce, divorce is filed date the date of the decision. The debt liability the spouse received after this date your. Debt to divorce are subject to the Division with settlement.Prenuptial divorce AgreementsPrenuptial or agreements before marriage, explicitly define the Division of the marital debts which outweigh the laws of the jurisdiction, State divorce. If you and your former spouse signed a prenuptial agreement which describes in detail how debt to a divorce, be split you need the Bedingungen of the agreement are bound. Despite this is neither spouse for all liabilities after the date of effective separation responsible.