Debt is a big concern under normal circumstances, but if you add a divorce to it things can become complicated. Most couples have debts together such as mortgage and credit card debts, but what happens if you have your own debt?

The first thing you need to do is make a list of what debt you have. All credit card statements, mortgage, or other incurred debt you have. You have to have a complete take on what you owe to know what to do with it. If you have joint accounts or credit cards it’s time to close them at the point of separation. You want to make sure your spouse doesn’t run up anymore debt on your name.

While other debts that have been incurred over the course of the marriage are divided between the spouses, separate debt remains the responsibility of the one who created the debt. Any property or assets and any gifts acquired before marriage reverts back to the original owner. However, if the house was lived in during the marriage and community payments were made on that house - each partner is entitled to some sort of pay out from those payments.

Bear in mind, you can’t be forced into paying for any debts your partner has incurred after you have separated all accounts. This is why it’s good reason to make sure you know what you personally owe to what your partner owes. If you live in a community property state though, both spouses are responsible for any debts incurred during the marriage. It’s a good idea to do a little research to make sure this is true of your state.

The general rule though, is you are liable for any debts you have created and you can make arrangements to negotiate a better rate if needed.