The Truth - the Winning Argument for Your Case

21 May. 2012

Epstein Credit and How it Works.

Posted By The Buncher Law Corporation

First Epistle to Timothy in Old Testament starts "For the love of money is the root of all evil." It goes without saying that the root of most divorces is discussion over money, or more accurately, the division of community property. And therein lies another saying worth repeating: the devil is in the details.

Income earned after the date of the separation is treated by the court as separate property. Therefore, if this money is used to pay what is considered by the courts to be community debts, then (with certain exceptions) one may be entitled to reimbursement at the time of the division of community property. This reimbursement is defined as an "Epstein Credit".

Accounting for community debts paid by one party with separate income is crucial. To prove your Epstein credits you must have copies of bills showing amount of the indebtedness prior but close to date of separation along with monthly statements thereafter and cancelled checks showing your payments. Consult with your attorney to assist you in filling out an Epstein Chart as an exhibit to present to the court.

Questions? The Buncher Law Corporation can help. Contact us to discuss your case with an Irvine divorce attorney.

Blog Home

Helpful Family Law Resources

Family law can be complex, but there are plenty of resources available to assist you. Browse through the various resources our team provides to help simplify your legal process in every way possible.

We Have the Answers You Need