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Divorce and the Marital Home

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Marital Debts

Debt that is held by you or your spouse at the time of divorce will need to be judged, just like property, to be either Separate or Marital Debt. Separate Debt is that which was obtained prior to marriage and Marital Debt was acquired during the marriage.

In Missouri, after setting aside Separate Property and Debts, the court starts from a Fifty-Fifty division of both Assets and Liabilities. Marital Debt can range from small credit card balances to multiple mortgages on the marital residence.

Dividing debt in a way to ensure a fair division and efficient payment without undue burden is more of an art than a science. No party wants to leave a divorce feeling more burdened financially or with a damaged credit rating or even at risk of bankruptcy.

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