Re: Anyone out there with knowledge of debt and divorce in Wisconsin (Community Property State)?
08-28-2012 01:09 PM
Yes, this refers to debts incurred during the marriage.
I am not so sure that assigning the debt to one spouse or the other is relevant here. This statement is still saying that I am liable, but it is limiting my liability to the extent of the marital propery available. My liability ends after the marital property is exhausted. After the marital property is exhausted, only the incurring spouse's personal property can be pursued. Since we had no marital property available, my liability becomes 0 for any debts incurred by my ex.
Of course, I am no lawyer by any means, so I could be way off on that interpretation.
If you are bored, here is the entire section:
766.55 Obligations of spouses.