Posted: 4/8/2009 11:29:16 AM EDT
| Me and the wife are getting divorced. Been married 6 years and we have never mingled finances. I paid my bills she paid hers. Separate banks accounts and credit cards also. I paid off all my debt while we were married. She accumulated $25,000 in debt over 10 credit cards on her shit. I had no idea she accumulated this debt until she recently told me. Now she feels I have to pay for half of it. None of these are joint cards and I checked all 3 credit reports to make sure she didn't put me as an authorized user on any of them. What typically happens in this scenario? Can they legally make me pay for her debts even if they are not on my credit? I'm seeing a lawyer soon. I just wanted to see if anyone had dealt with something like this in their divorce. Luckily we have no kids. |
|
Quoted:
Me and the wife are getting divorced. Been married 6 years and we have never mingled finances. I paid my bills she paid hers. Separate banks accounts and credit cards also. I paid off all my debt while we were married. She accumulated $25,000 in debt over 10 credit cards on her shit. I had no idea she accumulated this debt until she recently told me. Now she feels I have to pay for half of it. None of these are joint cards and I checked all 3 credit reports to make sure she didn't put me as an authorized user on any of them. What typically happens in this scenario? Can they legally make me pay for her debts even if they are not on my credit? I'm seeing a lawyer soon. I just wanted to see if anyone had dealt with something like this in their divorce. Luckily we have no kids. Unfortunately you are probably screwed. Any debt that your spouse enters into when you are married you are generally responsible for. When my wife passed away she left me with over $60k of unpaid medical bills, credit card debt, etc. I have had to pay all of it myself –– actually I'm still working on it years later. |
|
I would threaten to pay at least that much and more for a lawyer driving her deeper and deeper into debt, so that even if she wins she will be worse off. then to GTFO.
Of course I am the type of person who is more than willing to go into debt to make someone pay for trying to screw me over. It's a character flaw I am working on. |
|
Quoted:
Get the best attorney you can find as it can make all the difference in the outcome of the settlement. Don't wait to get an attorney, it matters. ...best advice !!! If you guys are on good terms - work something out. Nothing splits people who get along faster than huge debt. |
|
I just got divorced last year in Texas. You are responsible for 1/2 of the debt required by either party during the time of your marriage. Basically you are responsible for all until the entire amount is payed off in full. The judge may say different and award her all the debt or you all the debt. The creditors will still hold you both jointly responsible in the event she does not pay her half or what ever.
Second divorce for me. Prepare to be screwed. I would recommend removing anything you want to keep her from selling or running off with from your premises and selling to a friend or family member cheaply. The first ripped me off when I was at work with a BS restraining order. The second I let rip me off as i settled for less trying to be a nice guy. Remember to look out for yourself in the divorce. She will be looking out for herself. Make sure you get an atty that practices in the court/jurisdiction that you will be divorcing in. I learned that lesson in divorce #1. |
| Good advice on the lawyer. I was hoping we could work out dividing up the property before we went to court. I'm giving her a paid off vehicle, we have a home with about 20k in equity . We plan on selling that and she can have whatever she makes on the sale. I just want my guns and clothes. I don't have any more debt myself so tha'ts good. Luckily I moved all the guns out and sold them to a friend about 1 month before I was served. I left all my mags and accessories in the safe and she found the original card with the combination and is holding about 50 pmags and 50 gi's hostage right now. |
|
Quoted:
Good advice on the lawyer. I was hoping we could work out dividing up the property before we went to court. I'm giving her a paid off vehicle, we have a home with about 20k in equity . We plan on selling that and she can have whatever she makes on the sale. I just want my guns and clothes. I don't have any more debt myself so tha'ts good. Luckily I moved all the guns out and sold them to a friend about 1 month before I was served. I left all my mags and accessories in the safe and she found the original card with the combination and is holding about 50 pmags and 50 gi's hostage right now. Their is no WE anymore. It will all be detirmined by the court and a judge, as to whats happens with the assets of community properity, and her attorney if she has one.  .
|
|
Quoted:
Good advice on the lawyer. I was hoping we could work out dividing up the property before we went to court. I'm giving her a paid off vehicle, we have a home with about 20k in equity . We plan on selling that and she can have whatever she makes on the sale. I just want my guns and clothes. I don't have any more debt myself so tha'ts good. Luckily I moved all the guns out and sold them to a friend about 1 month before I was served. I left all my mags and accessories in the safe and she found the original card with the combination and is holding about 50 pmags and 50 gi's hostage right now. Looks like its time to go shopping for some of her shit. Ive already told my wife that if we ever get a divorce im breaking all of our shit and she can take half of the pile. she doesnt work, I do. I'll buy more crap |
|
You could go two routes with this.
1. Be nice and go $12,500 in debt. 2. Get $25,000 line of credit and splurge on things that don't sell or split or can be recovered (travel, vacations, education, etc.). Then be in $25,000 of debt. As it is always pointed out for the other side, it's like getting a 50% discount. |
|
Quoted:
Me and the wife are getting divorced. Been married 6 years and we have never mingled finances. I paid my bills she paid hers. Separate banks accounts and credit cards also. I paid off all my debt while we were married. She accumulated $25,000 in debt over 10 credit cards on her shit. I had no idea she accumulated this debt until she recently told me. Now she feels I have to pay for half of it. None of these are joint cards and I checked all 3 credit reports to make sure she didn't put me as an authorized user on any of them. What typically happens in this scenario? Can they legally make me pay for her debts even if they are not on my credit? I'm seeing a lawyer soon. I just wanted to see if anyone had dealt with something like this in their divorce. Luckily we have no kids. Wow man, I feel for you. Finances will cause some stress in a marriage. Like others said, get the best lawyer you can. |
|
Debt incurred during a marriage is considered community debt. Double check your own credit report and see if those cards also appear on your credit and contact an attorney. Having just gone through a divorce less than a year ago, my ex and I agreed that our debt was to be carried by the parties who acrued it. His debt remained his and my debt was mine and it was stated as such in the divorce decree. It was simple and easy and we are both still very good friends. Divorce doesn't have to be messy, if everyone involved acts like a mature adult. Tell your wife to put her big girl panties on and be responsible for her own debt. |
| Get a lawyer that is Board Certified in Family Law and knows the County Court where you reside. Some counties have Family Courts, in some counties, divorce is handled in Civil Courts. A Board Certified lawyer will save you time and time is money to a lawyer. Limit your communication with you spouse. Let the lawyer negotiate the deal. Don't bug your lawyer and don't make the divorce about pots and pans. Most cases are mediated and you never get to a Judge until the prove up. |
|
Quoted: Debt incurred during a marriage is considered community debt. Double check your own credit report and see if those cards also appear on your credit and contact an attorney. Having just gone through a divorce less than a year ago, my ex and I agreed that our debt was to be carried by the parties who acrued it. His debt remained his and my debt was mine and it was stated as such in the divorce decree. It was simple and easy and we are both still very good friends. Divorce doesn't have to be messy, if everyone involved acts like a mature adult. Tell your wife to put her big girl panties on and be responsible for her own debt. Amen sister. Thats exactly how my ex and I handled ours. Plus she kept the condo that we had bought. I didnt want the payments anyway........ |
|
What county are you in? Here is the interesting thing: It is her name on the debt? She is responsible and they will look to her generally and not contact you. Now, the law is that it is community debt and that you are responsible for half of it. Generally, the court will look into what she spent the money on. That hasn't been answered here. Did she spend it on hookers and blow? Did she spend it paying off your education debt? Did she spend it on a new TV for your mancave? New rifles? Clothes and shoes for the kids? What it was spent on has a lot to do with who gets tagged with the debt at the final hearing. In 10 years of practicing family law, I have not seen one creditor come after a spouse for community debt when the only name on the credit card was the other spouse. not saying it doesn't happen. Not saying it couldn't happen. Not saying that it isn't the law in Texas. Just saying none of my clients have reported that their ex spouse filed to pay the credit card and then the credit card came after my client. What I have seen numerous times is that my client has a community debt that is soley in her/his name and the other spouse is ordered to pay it, doesn't and my client gets sued. |
|
Quoted:
What county are you in? Here is the interesting thing: It is her name on the debt? She is responsible and they will look to her generally and not contact you. Now, the law is that it is community debt and that you are responsible for half of it. Generally, the court will look into what she spent the money on. That hasn't been answered here. Did she spend it on hookers and blow? Did she spend it paying off your education debt? Did she spend it on a new TV for your mancave? New rifles? Clothes and shoes for the kids? What it was spent on has a lot to do with who gets tagged with the debt at the final hearing. In 10 years of practicing family law, I have not seen one creditor come after a spouse for community debt when the only name on the credit card was the other spouse. not saying it doesn't happen. Not saying it couldn't happen. Not saying that it isn't the law in Texas. Just saying none of my clients have reported that their ex spouse filed to pay the credit card and then the credit card came after my client. What I have seen numerous times is that my client has a community debt that is soley in her/his name and the other spouse is ordered to pay it, doesn't and my client gets sued. Best free legal advice you are going to get. |
|
This happened to me. Went to Divorce Court in 2000. At that time, found out she had just over $80K (not a typo) in debt. I had absolutely zero knowledge of that debt prior. Judge ordered her to pay it herself. She paid a few months, then stopped. 2 banks and one credit union came after me. I refused to pay. They sued me. They won. I paid. And all perfectly legal. Good luck. |
|
Quoted:
Harris
What county are you in? Here is the interesting thing: It is her name on the debt? She is responsible and they will look to her generally and not contact you.
Yes, All the debt is in her name. They are all credit cards that she aquired during the marriage. I'm not even an authorized user on any of them. I pulled my credit reports and none of the cards are on any of my credit reports.
Now, the law is that it is community debt and that you are responsible for half of it. Generally, the court will look into what she spent the money on. That hasn't been answered here. Did she spend it on hookers and blow? If she did, I wasn't invited to the party.
Did she spend it paying off your education debt? Student loans are paid off, they were withdrawn direct from my bank account. An account I had prior to getting married, she was not on the account or any of my banks accounts.
Did she spend it on a new TV for your mancave? Nope
New rifles? Clothes and shoes for the kids? Nope, we don't have any kids. When I asked what she did spend it on she had to think really really hard. She pretty much said gas, food, and clothes. I asked her what in the hell she does with her paycheck. She replied, "pay off the 110k I have in student loans".
|
|
Quoted: This happened to me. Went to Divorce Court in 2000. At that time, found out she had just over $80K (not a typo) in debt. I had absolutely zero knowledge of that debt prior. Judge ordered her to pay it herself. She paid a few months, then stopped. 2 banks and one credit union came after me. I refused to pay. They sued me. They won. I paid. And all perfectly legal. Good luck. I would expect $80k to be enough for them to come after you if you had assets. Was any of the debt in her name? |
|
Quoted:
Me and the wife are getting divorced. Been married 6 years and we have never mingled finances. I paid my bills she paid hers. Separate banks accounts and credit cards also. I paid off all my debt while we were married. She accumulated $25,000 in debt over 10 credit cards on her shit. I had no idea she accumulated this debt until she recently told me. Now she feels I have to pay for half of it. None of these are joint cards and I checked all 3 credit reports to make sure she didn't put me as an authorized user on any of them. What typically happens in this scenario? Can they legally make me pay for her debts even if they are not on my credit? I'm seeing a lawyer soon. I just wanted to see if anyone had dealt with something like this in their divorce. Luckily we have no kids. Call me a dick if you want, but, this marriage was doomed even before it started. I know nothing about the law. But, I do wish you the best of luck. Sounds like it's gonna get ugly. |
|
Quoted: Quoted: This happened to me. Went to Divorce Court in 2000. At that time, found out she had just over $80K (not a typo) in debt. I had absolutely zero knowledge of that debt prior. Judge ordered her to pay it herself. She paid a few months, then stopped. 2 banks and one credit union came after me. I refused to pay. They sued me. They won. I paid. And all perfectly legal. Good luck. I would expect $80k to be enough for them to come after you if you had assets. Was any of the debt in her name? 2 banks and 1 credit union extended her credit. All 3 financial institutions (FIs) used her income - AND MINE - as the basis for her ability to pay. And none of the 3 FIs notified me of their actions. Which I later found to be absolutely legal under Texas law. I had an absolutely impossible time believing that. The ex had been using these 3 accounts for more than 4 yrs. I knew absolutely nothing about her 3 accounts until we filed the financial affidavits during our divorce. I love Texas and will never live elsewhere. But that law is the most FU thing I've ever seen. |
|
Quoted:
Fuck it...I wouldn't pay a damn thing, they can't garnish your wages in Texas for CC debt. They are in her name so it shouldn't go against your credit. True, but a divorce judgment could divvy up the debt or assign it all to one party, and judgments are enforceable. This man could lose his liberty. |