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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> debts
Jan 20
2010

Ask a Divorce Lawyer: Dealing with marital property during divorce

Posted by Matt Allen in Property , Nancy Shannon , marital property , marital home , debts , Cordell Cordell, PC , Ask A Lawyer

Question: I left my husband, marriage and marital home two years ago. I received a letter from my husband’s attorney that he filed for divorce and wanted everything. However, I sought legal counsel before leaving my husband that informed me I was entitled to half the increased value in the home, which we had remodeled and now has a mortgage on. The mortgage is in my husband’s name. I sent a pro se response to his attorney and the courts, requesting $50,000 because the house is currently appraised at $250,000 and we bought it for $104,000). 

My husband informed me that I'm also responsible for half the debt. Can he be forced to sell the house to pay off the debt if he wants to go that route? He has also signed a gas lease on the property since I left, but while still married to me. Shouldn’t I be able to have a claim to the lease since it was acquired during our marriage?

Jan 15
2010

Ask A Divorce Lawyer: Am I responsible for her debts since she's moving out?

Posted by pmcmahon in temporary orders , Maintenance , expenses , Erica Christian , debts , Cordell Cordell, PC , Ask A Lawyer

Question: 

My wife is moving out before the divorce is final. She has the lease and utilities in her name. If she cannot pay them, am I responsible for her debts since I’ll be living here?

 

 

Nov 11
2009

Ask A Lawyer: Do I Pay Off "Our" Debt Or Divorce First?

Posted by pmcmahon in Maintenance , Erik Carter , debts , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

My wife wants the divorce and I do not although it certainly has not been a picnic living with her anymore. We have three boys, ages nine to fourteen. Financially, we are very strapped for cash (near bankruptcy) since she has run us into debt with a home remodeling that went 100% over budget. I am the only worker in the household, and she has been a stay-at-home mom for the last sixteen years.

I realize that I am going to be royally screwed in this divorce since she has been in charge of our finances for all these years. I am going to be saddled with "our" debts in addition to child support. Is it better for me to divorce quickly or to work and pay off the debts before officially splitting? Do I use my 401K money to pare down the debt or am I hurting myself even more?

Nov 04
2009

Ask A Lawyer: Can I Mitigate My Obligation To Pay 1/2 Of Her Debt?

Posted by pmcmahon in notice , Legal Strategy , filing , Erik Carter , dissolution , debts , Cordell Cordell, PC , Ask A Lawyer

Question:

My spouse is spending her money aggressively to eliminate any cash that she may have to split in our divorce. What can I do to mitigate my obligation to pay half of her debt?

She has served me with a Notice of Dissolution of Marriage, but nothing has been filed yet. I believe she is doing this as a calculated move on her part, re-enforced by her attorney.

May 21
2009

Ask A Lawyer: How Can I Speed Up Her Finishing The Paperwork?

Posted by pmcmahon in spousal support , Richard Coffee , debts , Cordell Cordell, PC , Ask A Lawyer

Question:

My wife and I filed for divorce over a year ago. I was the respondent, and have finished all my paperwork & have not received anything back from the courts. Almost every month she tells me she received the paperwork back and has to pay to have someone help her. I have offered to pay just so we can get this done and she refuses.

Finally, I called the court to see where the problem was, and they told me they are waiting for her to finish her part. What can I do to speed this up?

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