User Panel
Posted: 8/1/2015 7:43:37 AM EDT
If a couple is getting a divorce and one closes the credit card but transfers the balance on to their new card which is solely in their name, will the other spouse still be liable for half the amount at the time of closing after the divorce?
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[#3]
It depends......
How good of a lawyer did you get? My ex, in addition to all the other shit she pulled, cashed one of the checks the shady credit companies mail out and decided not to pay it then didn't disclose this on her financial disclosure. We both got dragged to court, I still had to pay 1/2 |
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[#4]
As a friend discovered recently, he got all the debt (including the house and her credit cards).
She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... |
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[#5]
According to arfcom, no, the man will be paying all of it regardless of the situation. Ask an attorney. Or, ask a marriage counselor because it sounds like you haven't filed yet if you don't already have an attorney.
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[#6]
Depends on your state and the final decree.
But yes probably. All debts are fair game when divorcing. That's why you get a GOOD attorney. |
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[#7]
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[#8]
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[#9]
Each case is different and the couples lawyers will work this out. In my divorce we split all debt, including credit cards, right down the middle. Did not matter whose name was on the cards. It was all considered joint debt.
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[#10]
Are there any kids involved? If there are then you can count on an exepensive divorce.
What is the amount of the debt you are referring to? There will most likely be some negotiating between the parties. How long was the marriage? How long was the first account been opened for? What about the new account? Is your state a no fault divorce state? What is the reason for the divorce? If there has been a filing for the divorce already, then an Automatic Temporary Injunction should have been put in place to prevent this from happening, and if there is an ATI in place and a party broke it, then the other party "should" have a bargaining chip for negotiations. OP, see a lawyer. Yesterday. |
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[#11]
Isn't there a way you can block yourself from obtaining credit?
Call the credit bureaus and implement a block. Could you call on your spouse and at least block them from acquiring more debt while you get busted up. |
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[#12]
Quoted:
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... What state? Children involved? Indiana no kids |
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[#14]
If it is in one persons name , that one person will usually own it. That said the judge handed me a lot of my ex wife debt due to my income being much higher than my ex wife .
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[#15]
Quoted:
My third cousin went through a divorce in Michigan. Isn't what I remember about his experience relevant? View Quote View All Quotes View All Quotes Quoted:
Quoted:
GD law review is exactly where I get my legal advice....... My third cousin went through a divorce in Michigan. Isn't what I remember about his experience relevant? Depends, did your Aunt Mildred relate all the details in multiple hour long phone conversations? If yes then you're advice is relevant. |
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[#18]
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[#19]
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... View Quote I am never, ever getting married. Ever. |
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[#20]
Quoted: Quoted: As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... I am never, ever getting married. Ever. 2007 my girlfriend "Okay if I take this job in New York we are getting married" me "Sure, whatever" [pause] my girlfriend "I mean we are getting married when I move to New York, not when we're in our 70s" me "Fuck" |
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[#21]
Quoted:
People get in car wrecks all the time, you still drive-okay 50% of people don't get in a terrible car wreck that takes half your income for the rest of your life, but still.... 2007 my girlfriend "Okay if I take this job in New York we are getting married" me "Sure, whatever" [pause] my girlfriend "I mean we are getting married when I move to New York, not when we're in our 70s" me "Fuck" View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... I am never, ever getting married. Ever. 2007 my girlfriend "Okay if I take this job in New York we are getting married" me "Sure, whatever" [pause] my girlfriend "I mean we are getting married when I move to New York, not when we're in our 70s" me "Fuck" I thought you were already in your 70s. |
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[#22]
My credit card balance is paid off at the end of each month...I don't understand why people carry debt on a credit card.
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[#24]
Quoted: Seriously, depends on state law View Quote For now. I'm curious as to how long before divorce gets federalized. There are some states that don't bend the guy over the marital bed and go in dry. The Foamies (foaming at the mouth progressives) will make a this a social justice campaign. |
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[#25]
Quoted: I thought you were already in your 70s. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... I am never, ever getting married. Ever. 2007 my girlfriend "Okay if I take this job in New York we are getting married" me "Sure, whatever" [pause] my girlfriend "I mean we are getting married when I move to New York, not when we're in our 70s" me "Fuck" I thought you were already in your 70s. |
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[#26]
Another's have said, it depends on how good your attorney is. I got all of the debt (upside down house, CC) but I kept the house. Now I've paid off 2/3 of the house and the CC. This debt was used in the calculation of the one time payment in lieu of spousal support so I had to write her a check that was a small amount comparatively speaking.
There should be a worksheet detailing debt and income of both parties that determines all of the financial outcomes. |
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[#27]
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[#28]
It's really going to depend on what is agreed upon in the divorce decree.
If she and her lawyer agree that she will take half, then she will. If she fights it - it's whatever both lawyers can come up with that you both agree to. So, does shs automatically pay half? No. |
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[#29]
Quoted:
I am never, ever getting married. Ever. View Quote View All Quotes View All Quotes Quoted:
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... I am never, ever getting married. Ever. Her lawyer fired her after his lawyer showed where she had been cashing in their IRAs but had lied and said she had no money to pay the lawyer. So she showed up to court without a lawyer. The judged admonished her for coming to court without a lawyer, gave her 3 months told her in no uncertain terms not to come back to court without a lawyer. She was living in the house rent free and he is paying ALL the bills, so she was happy about this. When they went back to court, she showed up 20 minutes late, without a lawyer and played the "I'm just a poor, innocent, country, school teacher" role. Judge said fuck it and just negotiated for her.... So the cunt got all of that without even having to pay a lawyer... She was pissed because she thought she would "at least" get the house and he would have to pay for it. |
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[#30]
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[#31]
Quoted: In Florida, the scenario mentioned would probably still be considered joint debt. Even if both names are not on the card currently, the fact that both spouses contributed to the balance would lead me to believe it's joint. View Quote View All Quotes View All Quotes Quoted: Quoted: Seriously, depends on state law That was my experience. All debt incurred during the marriage is considered marital debt, even student loans the other spouse didn't know about (She told me her uncle was paying for her RN schooling). |
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[#32]
Tha patriarch society forced her to have to use that credit card to purchase shoes and purses and frilly things. So, it's only proper that the domineering male should pay the debt.
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[#33]
My ex wife took out dozens of credit cards in her name. I didn't know about them as she had her mother take delivery and accept the statements. They only made it to our house after her mother re-packaged them.
It was only after I pulled a credit report on her that I found them, but since this occurred during the marriage, they were considered marital debt here in TN. In the end, she accepted the debt and this was stated in the final divorce decree. bottom line, each state is different. Lawyer up!!!! |
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[#34]
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... View Quote +1. Mine got the house, contents, my IRA, Savings etc...... She also ran up a huge credit card debt, the card was in her name. Ohio has this law that long term marriage with only the husband working equals lifetime alimony or the woman. Indentured servitude as sanctioned by the government. |
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[#35]
I got pounded in the ass so bad that I think my lawyer was an agent for her lawyer.
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[#36]
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[#37]
Quoted:
My credit card balance is paid off at the end of each month...I don't understand why people carry debt on a credit card. View Quote I didn't either until I had burned through my savings paying my wife's medical bills. Funny thing is when you run out of money they keep sending you bills. |
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[#38]
Quoted:
I got pounded in the ass so bad that I think my lawyer was an agent for her lawyer. View Quote They aren't really working for you and against the other side, they are there to make sure everyone is getting paid and that the system is eating. When you are the deep pocket at the table, It's like the movie Rounders, Listen, here's the thing.
If you can't spot the sucker in your first half hour at the table, then you are the sucker. We're not playing together, but then again, we're not playing against each other either. It's like the Nature Channel. You don't see piranhas eating each other, do you? View Quote |
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[#39]
So before you get divorced you're going to open a CC solely in her name and transfer all of your debt to it in hopes of not being liable for it it?
Did I get that right? |
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[#40]
Talk to someone who is licensed to practice law in your state.
There are many potential pitfalls in that situation, and even if the correct steps are followed so that one party is legally cleared of liability for the debt, the lender (or another lender down the road who buys the debt) can screw up the credit reports of the person who has been cleared. |
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[#41]
Quoted:
+1. Mine got the house, contents, my IRA, Savings etc...... She also ran up a huge credit card debt, the card was in her name. Ohio has this law that long term marriage with only the husband working equals lifetime alimony or the woman. Indentured servitude as sanctioned by the government. View Quote View All Quotes View All Quotes Quoted:
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... +1. Mine got the house, contents, my IRA, Savings etc...... She also ran up a huge credit card debt, the card was in her name. Ohio has this law that long term marriage with only the husband working equals lifetime alimony or the woman. Indentured servitude as sanctioned by the government. Theres a very good chance of drunken violence being carried out should I find myself in a situation like that........ |
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[#42]
Quoted:
As a friend discovered recently, he got all the debt (including the house and her credit cards). She got a check for over $150k and walked away free and clear from everything with $150k for her troubles.... View Quote If she also stuck her husband with paying for her Lexus, I have to ask one question... Do you know me? And, yes, it was STILL worth it. TC |
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