California Debt Liability when Spouses Separate

The Rosenthal Fair Debt Collection Act (RFDCPA) and other consumer acts in California treat debt of separated spouses the same as when they were together but the practical differences are extensive. California civil code takes the earnings of both the husband and wife into account while disbursing with the legal points.

The Fair Debt Collection Practices Act (FDCPA) is a federal act constituted in 1977 to establish fair debt collection practices. The RFDCPA is the California state statute, also adopted in 1977 to regulate the conduct of debt collectors and to prohibit California debt collector harassment.
“The California statute prohibits numerous deceptive, dishonest, unfair and unreasonable debt collection practices by debt collectors, and it also regulates the form and content communications by collectors to debtors and others.” (The California Statute).

According to the RFDCPA, creditors also are covered under the term “debt collectors” whereas according to the federal statutes an original creditor is not covered under the FDCPA. The RFDCPA along with other California family law statutes governs the debts in divorced and separated marriages. It is expected that the separating parties settle the division of property and debts on their own. In the absence of this mutual agreement, California family law and the RFDCPA interfere in helping the grieving parties to come to a decision.

According to the California laws, the debts incurred during the married period which is before separation, are liable on the community. Whether the husband or the wife incurs the debt for their personal use or for family, the community is liable for the repayment. The name on the bill or credit card statements also is not a concern, but if it is incurred during the time of their married life, both the spouses are equally liable.

While the concerned parties are consulting for a settlement, all debts should be divided equally. The grieving parties can work out different options like one person takes a major share in the property in exchange to paying off the joint debts. Since both spouses are responsible for debts owed jointly, it would be required of the spouse paying off the debts to be regular in payments.

California debt collector harassment after the separation is distressful when you are already dealing with the trauma of a separated marriage. While the family courts may resolve your separation issue and your property division, it would require a lot of patience and resilience for the husband and wife to work out a debt payment plan amongst themselves.

California debt collector harassment can be at its worst when you have separated and have debts to repay. Though it is inevitable to go on an emotional roller coaster to cope with both separation and debts, thinking clearly and logically would help both parties.