[WSBAPT] Paying Off Community Dept

[Andrekita Silva]

Law Office of 
F.ANDREKITA SILVA
_______________________________________________________   

May 5, 2024

Jeff,

I haven't had that situation. But, I believe that if a debt was incurred for community purposes, a creditor could require repayment by the community. 

So, I believe whatever portion was incurred after the existence of the community would be vulnerable. 

Maybe others have experience otherwise? 

andrekita 
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2024-05-03 14:00, Jeff at bellanddavispllc.com wrote: 

> Listmates:
> 
> Second marriage.  4 years before marriage, H takes out a HELOC secured
> by H's separate home.  After marriage, he draws on the HELOC.  PR
> demands surviving spouse pay her one-half of the HELOC outstanding
> balance, and then PR will get H's home.  I know in divorce settings,
> draws taken out after marriage, on a pre-marriage HELOC, can be
> characterized as community debt, but is a surviving spouse required to
> payoff her community portion of the debt?
> 
> Jeff Davis
> 
> W. Jeff Davis
> 
> BELL & DAVIS PLLC
> 
> Attorneys at Law
> P.O. Box 510
> 
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com [1] [1 [2]]
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