Tuesday, April 12, 2016

How are the debts divided?


Debts are divided together with assets. Courts would usually order debts to be allocated with particular assets that are awarded. This is done to keep parties accountable as there is an incentive to pay the debt because assets can be repossessed. In cases where debts can not be associated with a specific asset, the court would presume the debt as joint debts regardless of which party acquires the debt. The debt is then divided based on the same principles that determine the division of assets. There are some cases where debts are treated as separate debts, such as, gambling or drug debts. Student loans may be considered as separate or joint depending on the court.