Who is responsible for paying debts in a divorce?

In West Virginia, when a couple divorces both parties are usually held responsible for any existing debts. This means that both parties must make payment arrangements with any creditors, to settle the debts in a reasonable amount of time. The court will review all financial documents presented, such as credit card statements, loan agreements, and other documents, to determine which spouse should be responsible for payment of a particular debt. The court may also consider any prenuptial agreements and any additional facts or factors that might affect the ability of either spouse to pay the debts. If a debt was incurred during the marriage, it will almost always be divided between the spouses in an equitable manner. This means that the spouse who is more able to pay will likely be assigned the majority of the debt, but both spouses are still legally bound to the debt. In some cases, the court may issue a court order requiring one of the spouses to actually make the payments to the creditors on behalf of the other spouse. This is done on occasion to ensure that both parties share in the responsibility of paying the debt. It is important to keep in mind that a divorce decree or agreement between the parties does not discharge a debt. The debt remains until it is paid in full. Therefore, it is important that both spouses understand the responsibility of debt repayment after a divorce.

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