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  1. #1
    Join Date
    Mar 2013
    Posts
    5

    Default How Are Assets and Debts Divided in a Divorce

    My question involves a marriage in the state of: TN(But we are legally married in MA)

    Okay, I am splitting up with my wife whom I am legally married too in Massachusetts but not here in TN as they do not have same sex marriage laws.
    It has been a real nasty split and we have to file for divorce in MA but we are not able to just yet, but we are splitting and trying to split up our assets.

    We have 2 vehicles which are both in my name, one is paid off the other half way paid off. We both deposited money from each of our checks into a joint account to pay
    our bills. She has been saying that we have to split everything down the middle and I need to give her one of the vehicles and pay her cash on the other, demanding I pay her cash back for medical bills she incurred for our dog 6 years ago. All this is frivolous right?

    Basically what I'm asking is even if were not legally married here in TN would I be forced to give her one of the vehicles or split all of our assets in half even though she did not contribute half.

    I am going to consult a lawyer next week but trying to get as much advice as I can until then.

    Thank you all in advance for any advice anyone may offer.
    Thank you so much!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How Are Assets and Debts Divided in a Divorce

    Quote Quoting jshaffer90
    View Post
    My question involves a marriage in the state of: TN(But we are legally married in MA)

    Okay, I am splitting up with my wife whom I am legally married too in Massachusetts but not here in TN as they do not have same sex marriage laws.
    It has been a real nasty split and we have to file for divorce in MA but we are not able to just yet, but we are splitting and trying to split up our assets.

    We have 2 vehicles which are both in my name, one is paid off the other half way paid off. We both deposited money from each of our checks into a joint account to pay
    our bills. She has been saying that we have to split everything down the middle and I need to give her one of the vehicles and pay her cash on the other, demanding I pay her cash back for medical bills she incurred for our dog 6 years ago. All this is frivolous right?

    Basically what I'm asking is even if were not legally married here in TN would I be forced to give her one of the vehicles or split all of our assets in half even though she did not contribute half.

    I am going to consult a lawyer next week but trying to get as much advice as I can until then.

    Thank you all in advance for any advice anyone may offer.
    Thank you so much!
    Assuming that your divorce would be handled the same way that any other divorce would be handled (and since you are in TN there could be some complications there), you would each be entitled to 1/2 of the marital property (property accrued during the marriage) and 1/2 of the marital debt (debt accrued during the marriage).

    The medical bills for the dog six years ago is frivolous.

    The issue of the cars is not. Each of you would be entitled to a car, with the total equity in the two cars being split as part of the overall settlement. It would behoove you to keep the car that is not yet paid off, since the loan is in your name and you are the one whose credit is going to be damaged if the payments are not continued on a timely basis.

    You are really going to have to consult with a local divorce attorney.

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