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Marital Debts

In Indiana it is presumed that all marital debt belongs equally (50/50) to each spouse.  Marital debt is those bills that were incurred during the marriage.

 

How are the debts divided?

The debt on the car or the house goes with whoever gets the vehicle or the residence.  Remaining debts are usually divided as equally as possible.  As you would expect, the spouse with the greater income often ends up with more debt.

 

Very simply, if you want or need debts assigned, you must provide the documentation to support your request.

 

Limit or prevent additonal debt

A temporary order to limit the accumulation of new credit cards and debts should be seriously consider once the divorce is filed.

 

In some divorce cases, it may be very appropriate for your lawyer to immediately notify creditors about your divorce proceedings.  Even if the debts are assigned, there may be important actions to ensure their actual payment and your protection from collection and further indebtedness.

 


Our divorce attorneys have answers to your questions.  Contact the family law section of Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.