My husband and I are in the beginning stages of a divorce. During our marriage we accrued about 15,000 in debt. The credit cards are ALL in his name. He makes 49,000 a year and I make less than 12K. We were going to try to keep it neat without lawyers... do I need one?
2007-09-25 12:44:41 · 9 answers · asked by Lady Bug 1 in Family & Relationships ➔ Marriage & Divorce
The cards might be in his name but I'm betting you spent most of it. I would get a lawyer. He wont be happy paying for your stuff.
2007-09-25 13:20:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
only if you feel that you need one. Outside of court, its best to work out all the details of marital assets down the middle including debts unless you can work out a deal like say for less spousal support he pays the bills. The second the bargaining stops start looking for an attorney in the yellow pages
2007-09-25 20:05:48 · answer #2 · answered by Arthur W 7 · 0⤊ 1⤋
Not if you can agree on everything.
In most states (check and see if you're in a community property state), assets AND debts are split 50/50.
It doesn't matter who's name it was in, if the debt occurred during the marriage, the courts acknowledge it as BOTH your debt...and it would be split evenly, unless he agreed to pay it all.
2007-09-25 20:02:02 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Most of the time they try to split if up evenly, since its 50% your and 50% his. But you two maybe be able to work out your own agreement and have it put in the papers as such, as long as your both being fair. If not, I would suggest a lawyer, although, I would suggest one anyways, cause you just never know whats going to happen.
2007-09-25 19:50:22 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Yes, you do need a lawyer to protect your interests. It can still be friendly even with an attorney involved. The debt is a shared marital expense...you will probably have to pay half regardless if its in his name
2007-09-25 19:54:35 · answer #5 · answered by Lisa W 5 · 0⤊ 1⤋
You might want to consider getting a lawyer anyway, just to make sure your rights are being protected. If you are trying to remain cordial with your ex, it might be in your best interest to split some of the debit based on the amount you make. Make an offer to him to pay off a certain amount, or to pay him if he pays the bills off. If not, tell him that the bills that are in his name are his problem. thats pretty much the way my ex and i did it. good luck!
2007-09-25 19:50:09 · answer #6 · answered by evedelilah 2 · 0⤊ 1⤋
ALL marital debt is split between the two parties, like the marital assets. It doesn't matter WHO'S name the debts are in, if they were incurred during the marriage they are equally YOUR'S, it doesn't matter how much money you make or he makes...you are BOTH liable for payment of debts, unless you want them to start garnishing your wages...
2007-09-25 22:34:30 · answer #7 · answered by Anonymous · 0⤊ 1⤋
I would get one.
2007-09-25 19:51:25 · answer #8 · answered by Simply Lovely 6 · 0⤊ 1⤋
if you don't u will pay for half!!!
2007-09-25 19:51:29 · answer #9 · answered by Rebecca J 2 · 0⤊ 1⤋