divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Money matters    <<Previous    Next>>

Credit Cards ...

My husband and I were trying to come to a separation agreement on our own but he has suddenly stopped all communication. All of our credit card debt (32k) is in my name as the primary and him as an authorized user. Since our house is underwater and he wants to keep it, he originally agreed to pay all the credit card debt if I would walk away from the house. I was advised this might be a good deal for me, so told him when everything else was agreed upon, that would probably be acceptable. Now he has changed his mind and wants me to take on 10k of credit card debt and give him the house. BUT he also wants me to continue to contribute $850 per month to the joint bank account for 5 mos so that he can "get on his feet." I have already given him almost $2k since I caught him cheating and left almost 2 mos ago. He is now in the marital home with his new girlfriend (yes, it only took about 2 weeks for her to move in). We are not legally separated, because he won't come to any sort of agreement with me. He has gotten most of the household items already. The only assets we had were his 401k, which he cashed in and gave me half of and a motorcycle he sold and also gave me half of. I am living with my mother, have bills of my own and need to save to get on my feet again. I guess my question is, how am I to be guaranteed he will pay credit card debt once/if we reach that agreement? The creditors will only hold me responsible if he defaults. I know I can take him to court if he doesn't meet our agreement but by that time, I guess I could be in financial ruin. He says he will not agree to take out a personal loan and pay in one lump sum.

by Coraline   10 Posts 
Posted on 10/28/2009 11:27 AM
Get AlertsGet Alerts!
Sent to Friendsend to friend
0

Tags:


Answers for "Credit Cards ..."  (2) (You must be logged in to answer)




Thanks, Lisa.

This gets messier every day.  Now he wants me to take on over 50% of credit card debt and walk away from the house.

I was holding off on an attorney because of finances, but I guess I'm not going to have a choice.  A lot of time is passing and we aren't even close to any kind of agreement.  Funny, my friends who have been divorced all told me that the money for the attorney will come out of my settlement, unfortunately with tons of debt and no assets, I don't expect any cash settlement.

Can we try to sue him for some of my legal fees or is that pointless since he doesn't have any money either?  Although he does make 3x as much as me and has a second income w/the OW.
by Coraline   10 Posts
Posted on 11/5/2009 8:31 AM
0





Hi Coraline -

I assume you and your husband are not attorneys.  That being said, you need one to draft a proper separation agreement.  Doing it on your own isn't such a safe idea.  You might miss some terribly important items and end up screwing yourself in the process. 

Now that he is not keeping his part of the bargain I would assume that the OW is whispering stuff in his ear. 

Get yourself an attorney.  Thus far the home, the $$ , the debt , the furnishings and everything else is still all marital assets. 

Your first consultation should be without cost.  Get a recommendation from a friend who felt they had a good experience with their lawyer.  Don't wait any longer.  You may put yourself at risk.

BTW, don't tell him you are planning to talk to an attorney until you have decided to hire one, then ask your lawyer how and where to let him know.

Best -
Lisa
by Lisa Cannon   
Posted on 10/28/2009 7:30 PM
0







Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

 
divorce Community::
popular blogs
Has Social Networking Led To Divorce?
If your divorce was caused (or sparked) by one someone (you/your spouse),...read more 

taking too long
I wonder how many people out ther are in the same place I am.He left in Feb of...read more 

i got my divorce papers today
He moved out over a year ago.  We were married for 16 years and have a 14...read more 

get/give answers
how long should this take
I'm wondering realistically how long, at the most a divorce can take. I've been...Read Answers/share yours 

how to find a good bankruptcy attorney?
I need a bankruptcy attorney to protect myself and my one last asset (my house)...Read Answers/share yours 

Going to court
Mediation date was set for Dec.  I had a meeting with my attorney today to...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 

expand information center
divorce360.com's ecards
divorce focused content ::
divorce most popular ::
1. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

2. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

3. Divorcing? 15 Costly Financial Mistakes
Settlements: 15 Critical Financial Mistakes Often Made in the Heat of Divorce

4. Beginning Checklist: Planning to File for Divorce
12 Steps to Consider if You or Your Partner Have Decided to File for Divorce

5. Are You Ready For Divorce?
Three Key Questions You Must Ask Yourself