Allocation

How responsibility for a community debt is assigned in a Divorce Decree or Property Settlement Agreement. The Decree/PSA decides as between the two spouses who is responsible for the debt, but it does not affect the right of the third-party creditors, who may still pursue either spouse for full satisfaction of the debt. If it occurs that the debtor pursues satisfaction of the debt from the spouse who was not assigned the debt, they can seek contribution from the other spouse either by filing a Rule 85 motion or by initiating a lawsuit.