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  1. #1
    Join Date
    Jan 2007
    Posts
    4

    Default Debt after divorce papers served

    My husband served me with divorce papers in May '06. At that time, we paid off all marital debts except mortage and car loans. We each agreed to assume the loans on the vehicles that we possessed. Since then, he has taken out a couple of loans and opened several new credit card accounts and ran up a debt of around $25,000 (including many hotel bills, eating out, remodeling, shopping trips and jewelry for his girlfriend). All of these debts are in his name only but now he is saying that I should be responsible for half of his debt because they occured while we are still married. We met yesterday one-on-one to try and negotiate a compromise and he agrees that it is "low" to ask me to pay half his debt, but he is going to try to use it as a bargining chip to get me to forego asking for spousal support and half of his retirement (I have been a stay-at-home mom for the past 8.5 yrs for our children). Can I actually be held responsible for his debts?? We are in Minnesota.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Debt after divorce papers served

    Admittedly I practice in Michigan, but here I would happily tell him that he's out of luck.

    Do either of you presently have lawyers?

  3. #3
    Join Date
    Jan 2007
    Posts
    4

    Default Re: Debt after divorce papers served

    Yes, we both have lawyers. Apparently, his lawyer agrees with him that I should be responsible for this "growing marital debt". He is currently paying $750/mo for the mortgage in lieu of any child support (2 children) and he is claiming that this "financial burden" is why he is becoming so far in debt. Not sure how $750/mo X 8 months = $25,000 of debt though. I have tried contacting my lawyer but have not heard back from her yet. Admittedly, I don't expect much from her because she really doesn't seem to be very concerned about the best interests of my children and myself. Unfortunately, I have no other financial means to look for another lawyer and we have a court date coming next month. So, I am trying to gather as much information as I can on my own so I can go into court as armed as I can.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Debt after divorce papers served

    If part of the obligation can be reasonably deemed marital debt, he may be able to include that portion in the estate. But as he is paying the mortgage in lieu of child support, his claim that you should be responsible for half of the payment should be a harder argument to make - you will want to discuss that issue with your lawyer. And as you note, his math is a bit off.

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