Are you accountable after the separation?? and on the flip side if I won the loto would he get half?
From what I understand is that a legal separation is the same as a divorce. No one can come after me for his debts or screw ups. Our credit does not effect one anothers. Also if I buy a house he does not have legal rights to it.
Please provide me with any information about a legal separation.
2006-11-04 17:30:16 · 6 answers · asked by galbee 3 in Politics & Government ➔ Law & Ethics
better attend to that joint account if so....
2006-11-04 17:41:29 · answer #1 · answered by dogpatch USA 7 · 0⤊ 0⤋
Legal separation in most states is not the same as divorce, though there are certain legal similarities in how the two statuses interact with other laws.
Someone can be sued (named as a defendant) if there is any reason to believe they are guilty or liable for the crime or tort or breach of contract involved. It doesn't matter whether they are married, separated, or have never met each other.
As far as debt allocation and credit reports, and property ownership, those laws vary with the state. It also usually matters whether the separation is legally filed with the court, formal but not filed, or informal. Because the laws can get quite complex, it's always a good idea to check with a licensed attorney in your state whenever your legal rights and obligations are at issue.
2006-11-04 17:34:56 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
In a community property state like California, once you have permanently separated (obviously that is a big issue in divorce cases) each spouse's earnings and liabilities are their own. The battle is over when does separation take place. You could still properly be named in a lawsuit for acts that your ex did while you were still together.
On the other hand, if you are in a common law state (generally a state that never belonged to Spain like CA, NM, AZ, TX, or France, like LA), I don't believe that you are ever jointly accountable except for claims arising out of jointly held assets.
The credit is another issue. The credit bureaus report lots of things, not necessarily accurately. Some states, like CA, permit you a free credit report download annually to check for any inaccuracies.
2006-11-04 17:40:34 · answer #3 · answered by mattapan26 7 · 0⤊ 0⤋
If you had a joint debt during marriage and the loan is still in both of your names, yes they can come after both of you.
and in some states, a seperation is not a divorce and there are ways for compaines to come after each untill they are divorced.
If you are having an issue, first they may not know you are seperated, and second alot of collectoin companies don't care if they break the rules
2006-11-04 17:42:16 · answer #4 · answered by Anonymous · 0⤊ 1⤋
just depends what state u live in. Also, there are some debts that they can come after the other one. It just depends if it all happened before or after you were seperated. If it was from before then they can come after you unless that was a set clause in your seperation.
2006-11-04 17:39:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Sorry, but you're not divorced until you are divorced. You will get included in the law suit.
2006-11-04 17:37:55 · answer #6 · answered by OU812 5 · 0⤊ 0⤋