Equitable Division Of Marital Property And Debt Assignment

The state of New Jersey is classified as an equitable division state. For this reason, divorce courts enforce the equal division of assets, properties, and debts. Both parties receive the same value from the marital estate and are both responsible for all debts accumulated during the marriage. If you wish to file for a divorce and would like to discuss division of property or debt visit goldsteinbachman.com today. Marital Property and DebtsIn all divorce cases, the state can the enforce equitable division. In some instances, a divorce trial is required to assign and enforce these requirements. The state reviews all debts that were incurred during the marriage to establish which party should settle them. The income of each party is a consideration; however, once the debts are assigned, he or she is deemed responsible. Unfortunately, it is possible for the spouse who received responsible to fail to pay them in a timely manner. Although the court states which spouse is required to pay in the divorce settlement, creditors do not care which party pays the debt as long as it is settled. When this is the case, the creditor can file a claim against one or both parties at their own discretion. Former spouses who are facing these hardships due a failure on the part of their former husband or wife has two choices. They can file a claim of contempt against their former spouse to acquire the funds through civil means, or they can file for bankruptcy. If they file a civil lawsuit against their spouse, their attorney can contact the creditor to avoid legal efforts to collect the debt. If they choose to file bankruptcy, the court makes a determination as to whether or not to include it in the claim or discharge it. The potential problems that he or she may face by filing a bankruptcy claim is that if the court includes it into the case, they are accepting financial responsibility for the debt. If they fail to comply with the requirements of their bankruptcy, the creditor regains the right to sue them and their former spouse is no longer liable for the debt. The bottom line in terms of marital debts is that the court assigned ownership, but the creditors can take legal action against either party. Bankruptcy may help with this venture. However, you should review your rights with an attorney before filing.