My ex and I got a joint credit card shortly before we got married. We filed for a summary dissolution last year and at the time, the credit card balance was under the 6 grand that is the max amount of debt you can have together based on California law. In oru property settlement agreement, we signed off on it by saying that husband and wife will pay off the joint credit card jointly until it is paid off. Upon final payment, account will be closed out. Since then more charges have been put on it until it finally got closed out. Now there is a balance on it over 6 grand and he refuses to pay on it. I%26#039;m paying on it alone and I%26#039;m wondering... Because the property settlement agreement didn%26#039;t say how much each would pay or that it would be split in half, if he just pays one cent, does that mean he did his part and I have to pay the rest? Is it illegal to have put more charges on it after the filing? Or do you just need to meet the debt max amt at filing time?
How can I settle my credit card dispute from my marriage?
California Family Code Section 2556 states: %26quot;In a proceeding for dissolution of marriage, for nullity of marrigge, or for legal separation of the parties, the court has CONTINUING jurisdiction to award community estate assests or community estate liabilities to the parties that have no been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceedin in order to abtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment.. In these cases, the court shall equall divide the omitted or unadjudicated community estate asset or liablity, unless the court finds upon godd cause shown that the interest of justice require an unequal divisoin of the asset or liablity.%26quot;
California Family Code section 2623 (b) states: %26quot;Debts incurred by either spouse after the date of separation but before entry of judgment of dissolution of marriage or legal separatino of the parties shall be confirmed as follows: (b) %26quot;Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.%26quot;
California Family Code section 2624 states: %26quot;Debts incurred by either spouse after entry of a judgment or dissolution of marriage but before termination of the parties%26#039; marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt.%26quot;
When a party uses his or her separate property for community puposes after separation, that party is entitled to reimbursement. see Marriage of Epstein 24 Cal.3d 76.
There%26#039;s the law... Now go get him!
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