Legal Liability for Debt Incurred While Cohabitating
My question involves a relationship in the state of: NC.
I was living with a gentleman for approximately 5yrs. When we first started seeing each other he presented himself to me as being divorced. I suspected he was not telling the truth for many reasons. I later found out that he had been married the entire time we were together. After finding this out, I left him shortly thereafter.
During the duration of our relationship, there was debt incurred which he now says I have to pay. ( various credit cards, breast augmentation etc). My name is nowhere on any of this debt. All the cards,loans etc are in his name. My name is only on one card as a "user". I have never signed any kind of agreement in regards to credit apps or anything in the way of "repayment". He has since remarried and now the new wife as well as him are threatening to take me to court over this.
My question is this..what is my legal and financial liability in regards to this situation? Is there anything I can do to protect myself?
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
First, his new wife has no part in this.
Then, depending on how long ago all this happened, even if it was your debt, he may not be able to collect through the courts due to a statute of limitations.
Then, from what you have stated, unless the debts can somehow be based on a loan or there was some agreement you would pay the money, he really doesn't have a claim.
So, how long ago were these debts incurred and was there any understanding that you would pay the debts?
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
These debts were incurred over the five years we were together. I left him in Jan 2010. I have been paying on these debts trying to keep things amicable between us, but since he re-married ( he re-married Dec 2010 ) I have been getting e-mails from him and her threatening to take me to court over this.
As far as an understanding about repayment, I told him I would pay as much as I could, when I could. There was never anything in writing, this was all verbal.
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
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As far as an understanding about repayment, I told him I would pay as much as I could, when I could. There was never anything in writing, this was all verbal.
the only real difference between verbal and written contract is the written contract is easier to prove in court.
So, it appears you do acknowledge the money was a loan. As such, he has every right to sue you for it. Of course, if you are fulfilling any agreed upon payment plan, he wins nothing more than the right to have you continue to make such payments. If you are not fulfilling such an agreement, he gets a judgment and then can take whatever actions your state allows for him to collect on that judgment.
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
The money wasn't a loan. He gave me credit cards to use while we were together(all in his name). The cards were used for things for our kids, car repairs and other normal day to day expenses.
The only way my name is connected to any of these cards is that I am a "user" on one of the accounts
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
You may have created a verbal contract to satisfy the debt when you agreed to repay him and began making payments towards the debt.
A boob job, incidentally, is not a normal day-to-day expense.
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
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Quoting
free9man
A boob job, incidentally, is not a normal day-to-day expense.
maybe not where you live but I suspect Mr. Hefner would tend to dispute your statement.
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The money wasn't a loan. He gave me credit cards to use while we were together(all in his name). The cards were used for things for our kids, car repairs and other normal day to day expenses.
The only way my name is connected to any of these cards is that I am a "user" on one of the accounts
then why were you paying it back at all? If he says it was a loan and has evidence of you paying some of it back, a judge will ask you the same question.
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
I was trying to keep things amicable between us is why I was paying on it to begin with and because I felt I had to. But since the new wife has entered the picture our communication has totally broken down. Now the only communication I get are harrassing emails from them.
As far as the boob job goes, it is certainly not a "day to day" expense..lol.
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
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and because I felt I had to.
well, the only reason you would have to is because you understood it to be a loan. It appears now, the only reason you don't feel you have to pay it back is because the wife is getting involved. While that may be a uncomfortable situation for you, it doesn't change any possible obligation you have to pay back the money.
Re: Legal Liability in Regards to Debt Incurred While Cohabitating
No, she has nothing to do with it other than being a complete pain. I was under the assumption that while were together since he gave me the cards to use, that, for lack of a better term, the items were him supporting us, a "gift" if you will. ( us being myself and our kids ). I was never under the impression that he was "loaning" me money, and like I said before, I was paying trying to do what I thought was right. Since we split, it has become increasingly unfeasable for me to continue to pay on these bills and still be able to take care of my son.