Getting married can sometimes seem like a dream, and commonly, ending the marriage can seem like a nightmare. With so many details to consider, it is easy for divorcing Utah residents to feel overwhelmed. In particular, they may wonder how certain divorce matters, like dividing debt, will be handled.
Most married couples accumulate some type of debt. Just like assets, debts are divided during property division proceedings. Who gets which debt can depend on various factors, such as whether one person accrued the debt before getting married and who signed any loan document. Typically, if one person signed a loan document or otherwise accumulated the debt, it will be his or her sole responsibility, though that’s not always the case. However, if both individuals signed, such as for a mortgage loan, they are both responsible.
This matter can become complicated, of course. Even if a spouse has a credit card in his or her name alone, if the card was used to make purchases for the household, both parties could be considered responsible for the debt. Additionally, even if the court deems one party responsible for a joint debt, creditors could still come after both parties if the debt goes unpaid.
It is understandable to have concerns about dividing debt and other similar divorce matters. In such a case, it is wise to gain information about what dividing assets and debt could entail. There may be a way to negotiate for a particular outcome, but it is generally wise to consult with knowledgeable Utah attorneys about how to address the division of property and liabilities when ending a marriage.