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  1. #1
    Join Date
    Mar 2011
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    5

    Default 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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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?

  3. #3
    Join Date
    Mar 2011
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    5

    Default 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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Legal Liability in Regards to Debt Incurred While Cohabitating

    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.

  5. #5
    Join Date
    Mar 2011
    Posts
    5

    Default 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

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default 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.

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