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Marital debt should not be divided equally (access required)

When the General Assembly enacted equitable distribution in 1982 as the mechanism for dividing the property of divorcing spouses, it created a presumption that property acquired during the marriage is marital – the property of both spouses. The legislature created no such presumption for debts acquired during the marriage. The case of Gilliam v. McGrady (VLW 010-6-052) ...

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