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DEBT without my knowledge

 
 
Aysha
 
Reply Wed 27 Jul, 2011 11:08 am
My husband took out a line of credit the month we got married under his name and maxed it out. I came to know about it few years into our marriage. Now we are seperating and he said i will be responsible for half? is that correct. I had no access to the funds.
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Type: Question • Score: 0 • Views: 1,435 • Replies: 8
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BillRM
 
  1  
Reply Wed 27 Jul, 2011 12:57 pm
@Aysha,
Talk to a local lawyer and by the way your husband can not declare you are responsible for a debt in his name only as that would be up to a court of law.

For now I would not do anything to indicate that you are in agreement with him that it is a join debt as for example giving him any funds to pay toward that debt no matter how he whine or threaten over the matter.

But once more do see a lawyer as soon as possible as your knowledge and access to the funds is only one factor for example did he used the funds to support the household or did he spend it on a new car or others toys for himself and what is the local laws and courts decisions dealing with such debts.

Oh for your peace of mind I would not get into any arguments with him over the subject I would just tell him that I am turning the matter over to a lawyer.




Aysha
 
  1  
Reply Wed 27 Jul, 2011 01:14 pm
@BillRM,
thanks so much for your reply. I have no idea where the money was used. I wish i knew. Its not even like i got any gifts or anything from him. So im really confused as to where he has spent almost 25,000. I do have a lawyers appointment tommorow and hopefully it will work out.
thanks so much once again.
BillRM
 
  0  
Reply Wed 27 Jul, 2011 01:26 pm
@Aysha,
Good luck and try to keep as cool and as calm as possible as this kind of a situation can be very draining but having gone through a trying divorce myself I know that not allowing it to drive you crazy is the most important element.

Take care......Bill

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firefly
 
  1  
Reply Wed 27 Jul, 2011 03:14 pm
@Aysha,
What was the line of credit secured against? Did it involve any property jointly owned by you and your husband? A creditor might be able to go after such an asset to recover the debt.

Something like credit card debt you might not be responsible for--it depends on whether you live in a community property state.
Quote:

in the vast majority of states, you would not be responsible for the debt. However, if you live in a community property state, the collector may still have some recourse. Under community property rule, a debt incurred by either party during a marriage is considered to be a joint debt. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington or Wisconsin, you may be liable for the debt personally. If you live in Alaska, community property is optional.
http://www.bankrate.com/finance/debt/is-wife-liable-for-deceased-husband-s-debt.aspx

I'm sure the lawyer you are going to see can tell you what liability you have, if any, regarding this debt.

Good luck.
BillRM
 
  1  
Reply Wed 27 Jul, 2011 08:22 pm
@firefly,
Quote:
Did it involve any property jointly owned by you and your husband?


Firefly how could he had placed an obligation on any jointly own property without her signing off on it?

In any case she is seeing a lawyer and that is the best possible course of action for her to take in this matter.

Off hand I do not think that she has a lot to be concern about but the laws are complex and various from state to state as you had posted and I had already stated on this thread.
firefly
 
  1  
Reply Wed 27 Jul, 2011 10:06 pm
@BillRM,
Quote:
Firefly how could he had placed an obligation on any jointly own property without her signing off on it?

For instance, if he had secured a line of credit against property he owned (a home equity line of credit, for instance), and drawn upon that line of credit, and then transferred ownership of that property to both their names, she might not know about the pre-existing lien on the property.

I personally know of a situation where that happened. It created no problems in that case because the person who had taken out the line of credit paid the loan back and closed the line of credit after the property had became jointly owned.

As we both agree, she needs to consult an attorney about her particular situation.
BillRM
 
  1  
Reply Thu 28 Jul, 2011 02:46 am
@firefly,
Interesting Firefly however I was always under the impression that any change of ownership on any real property with a lien on it need to be approved by the lien holder.

Perhaps I am wrong or that does not apply to a married couple.

Footnote A fast google search indicate that I am wrong how interesting as you can learn something new every day.
roger
 
  1  
Reply Thu 28 Jul, 2011 03:05 am
@BillRM,
I would have been wrong, too.
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