Divorce-community property vs. community debt?

Question

During a divorce, is a vehicle and the joint incumbrence therein considered both community property and community debt? Can it be listed as community property only, with a notation of the incumbrance to be included with possession of said vehicle, without listing it seperately as a community debt as well? The vehicle is my spouses, but we both signed the loan paperwork. I want him to have the vehicle and be responsible for the payments going forward as well. I cannot afford legal counsel and am filling in the paperwork myself and do not want to delay if I make an error. So, list it seperately even though it pertains to the same item, or as property and the incumbrence therein only? Thanks

Answer 1

there is provisions in the paperwork about who takes what, just list the loan on the paperwork

Answer 2

huh?
you can't have it both ways..or maybe you can, but then you don't want to keep paying on a vehicle that he owns.
i really wouldn't want outstanding debt after a divorce and think the law would like things tidier too. the car would be sold and divide the assets..or else, get your name off the title and let him have the car.
it becomes his asset.
he needs to fill out his own financial report for the court.

Answer 3

If you both owe many thousands of dollars on the car, then it is worth it to hire a lawyer, even if just for an hour long session to ask any questions you are uncertain on.

Answer 4

Incumbrence

Answer 5

If you can't afford a lawyer, contact your local legal aid society/counsel/group. Look in the white pages under "legal aid"

Answer 6

since both you signed both will have to pay debt

Answer 7

uneasy to understand all of this but you both pay debt

Answer 8

debts come first and you both have to pay them