A coworker is moving out of her husband's house this weekend and will soon be seeking a legal separation. I'm thinking she should take her name off of as many bills and loans as possible. They have a mortgage, a large loan from a bank, and of course utilities, etc. What can she take her name off of so that creditors don't come after her when her husband can't pay them (long story there, but he probably won't have money to pay)? HOW does she take her name off? Just call up the utilities company and say, take my name off?
2007-02-07 04:54:48 · 11 answers · asked by Katie L 3 in Family & Relationships ➔ Marriage & Divorce
Bills are easy, but mortgages have to be refinanced to remove a name. She will also have to go to the courthouse and have it redeeded without her name.
2007-02-07 04:58:34 · answer #1 · answered by Back in the game... 5 · 2⤊ 1⤋
Loans are difficult, because they both signed the loan contract. He and the bank would have to BOTH agree to a new loan with only him on the contract.
So, short of paying them off, she is stuck there if the bank will not refi.
Ditto for joint credit cards. Actually, she doesn't even need to be on the account to still be liable for those debts if they end up divorcing. Unless she can prove the debts were to support some sort of hobbie or habit that just benefited her, and not for things like food, dining, vacations, entertainment, household goods, etc, then she will probably get her fair share of those debts in a divorce.
Utilities. This may be where she has a chance to get off the hook, as if they are paid in full, they can probably go to the utility companies and have her name taken off the accounts.
Since she lived there while the current bills were run up, she cannot get out of what is currenlty owed. However, there is a good chance that she can get out of any future obligations.
If you make the bills with your spouse, you are liable to pay them. Seperating from your spouse doesn't mean you get to seperate from the bills.
My ex-wife learned this. She was unable to run away from the bills she ran up. So she left a large income earning husband, but got her share of the bills anyway.
I'm much better off without her, even paying $1K/month to the unfaithful woman to care for the daughter she took away from a very capible dad.
2007-02-07 05:22:23 · answer #2 · answered by camys_daddy 5 · 2⤊ 0⤋
Unfortunately it's not that simple. Your friend's bill collectors have legally binding contracts with her. And unless they are feeling very virtuous and forgiving, they are not going to allow her to escape that obligation. The bottom line is that if he doesn't pay the bills on the home, they will come after her too.
This can affect her credit badly. BUT, once a divorce decree is issued she can always dispute the credit/collections and show that she was out of the picture, and thus unliable for the bills. HOWEVER, the bill collectors don't have to accept this plea, and they probably won't. Here's what she should do:
WAIT. Wait until all of the bills are either paid in full or they are established as month-to-month. For instance, if she has a year-long contract with Time Warner for television cable, then she should wait until that year is up and then either terminate the service or get it into his name only.
As far as asset division, she can always seek the court's help in recovering any items that are in dispute. Good luck
2007-02-07 05:05:45 · answer #3 · answered by Mick 2 · 0⤊ 1⤋
To take her name off of the utilities, she needs to call the utility companies, have the services shut off and close out the accounts. To have her name taken off the loans, she needs a court order that states she is no longer responsibile for these bills. If her husband cannot pay them, that's not her problem as long as she has that court order.
2007-02-07 05:14:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In my personal experience I left my exhusband the house and everything with it.. the only thing left with my name on was the house because i refuse to give it to him without being a little bit of a bich about it. In Louisiana there is no such thing as legal seperation, so i had to keep my name on the house also. As far as the loans he had to refinance his truck to get my name off and I had to refinance a loan to get his name off. Make sure in the papers your are filing that it stats what you are taking and what he is responsible for. Ask your lawyer about the legal responsibility in your state..
2007-02-07 05:13:07 · answer #5 · answered by D P 1 · 0⤊ 0⤋
If only it were that easy.........that won't work for the mortgage or any large loan from a bank, she will be held responsible for those UNLESS, in the divorce decree he agrees to have it in writing that he will be responsible, for the mortgage that will entail her signing over a Quit Claim Deed; then he will have to re-finance in his name......the bills are a product of the marriage....share and share alike
2007-02-07 05:01:35 · answer #6 · answered by abc 7 · 1⤊ 0⤋
YES!!!!
She can not take her name off any loand without a court order, but sh needs to file for separation and get a preliminary hearing ASAP to protect herself. She is liable for any debt incurred during the marriage, but can get off the utility bills. And She SHOULD!!
2007-02-07 04:59:17 · answer #7 · answered by nilam 2 · 1⤊ 0⤋
the separation agreement will detail who has the responsibility for each bill...after it is filed the the creditors can not come after the other party for anything after the date of separation...all bills before that date are joint whether your name is on it or not!
2007-02-07 05:02:08 · answer #8 · answered by Robert P 6 · 0⤊ 0⤋
I believe you can't take your name off any joint loans else you pay them off.
2007-02-07 04:58:14 · answer #9 · answered by Anonymous · 1⤊ 1⤋
why take it off, your name will still be on there regardless of what you do, get a hold of the bill collectors and give them a sob story, get a man and flirt with him on the phone, if you do it right it will work.......did for me...but with a woman
2007-02-07 05:01:34 · answer #10 · answered by moosefactoryontario 1 · 0⤊ 2⤋