community property debt

[mspooner2008]

California
My husband spent 20k without my knowledge prior to separation on his wom seperate credit card. We each had our own accounts individually. He had the bills mailed to his work so I would never see them. Am I liable for 1/2 the money he spent?

 

[LdiJ]

California
My husband spent 20k without my knowledge prior to separation on his wom seperate credit card. We each had our own accounts individually. He had the bills mailed to his work so I would never see them. Am I liable for 1/2 the money he spent?

Maybe, maybe not. What did he spend the money on?

 

[mistoffolees]

Maybe, maybe not. What did he spend the money on?

It's also going to depend on timing. Had the OP already filed for divorce at that time?

 

[mspooner2008]

He said he spent the money on things for the house. He concealed it completey. He said he spent it before he filed for divorce. Not sure what to do.

 

[LdiJ]

He said he spent the money on things for the house. He concealed it completey. He said he spent it before he filed for divorce. Not sure what to do.

Do you see 20k worth of new things in the house? If you honestly want help, don't make us pull teeth.

 

[mistoffolees]

He said he spent the money on things for the house. He concealed it completey. He said he spent it before he filed for divorce. Not sure what to do.

If he spent the money before filing for divorce, it's almost certainly a marital expense and you're not going to recover it. Do you have any evidence that he's lying?

 

[LdiJ]

If he spent the money before filing for divorce, it's almost certainly a marital expense and you're not going to recover it. Do you have any evidence that he's lying?

Its not necessarily a marital expense, but she has to "wimpy" about the whole thing.

 

[mspooner2008]

response to questions - community debt

I do not see 20,000 worth of new things around the house. I have not seen the hidden credit card statement. He said he spent it on things like home depot, out to eat, etc. I was wondering if there was some sort of law that may be benificial to me. I really knew nothing about this debt. He truely did conceal it from me, he had the bills mailed to his work. Please advise.

 

[mistoffolees]

I do not see 20,000 worth of new things around the house. I have not seen the hidden credit card statement. He said he spent it on things like home depot, out to eat, etc. I was wondering if there was some sort of law that may be benificial to me. I really knew nothing about this debt. He truely did conceal it from me, he had the bills mailed to his work. Please advise.

You're probably out of luck. There's no law which regulates how married people can spend their money.

If the money was spent after one of you had filed for divorce, then there would be some protection. But the courts do not want to get involved in telling married people what is a legitimate expense and what isn't.

 

[LdiJ]

You're probably out of luck. There's no law which regulates how married people can spend their money.

If the money was spent after one of you had filed for divorce, then there would be some protection. But the courts do not want to get involved in telling married people what is a legitimate expense and what isn't.

You may be, but I would certain insist on seeing the statements and seeing where the money went.

 

[mistoffolees]

You may be, but I would certain insist on seeing the statements and seeing where the money went.

She could ask for it, but I don't think a court is going to get involved in how he spent money while they were married. If he doesn't willingly give her the statements, the court is unlikely to order it - unless there's some evidence that he spent the money after the divorce filing.

 

[LdiJ]

She could ask for it, but I don't think a court is going to get involved in how he spent money while they were married. If he doesn't willingly give her the statements, the court is unlikely to order it - unless there's some evidence that he spent the money after the divorce filing.

I honestly disagree with that. She has the right to know where the money went. He could have taken out a huge cash advance right before filing for divorce. He could have spent the money on a paramour...etc. The debt could also be entirely premarital debt.

Without providing the statements, he has no way to prove that its marital debt.

 

[mistoffolees]

I honestly disagree with that. She has the right to know where the money went. He could have taken out a huge cash advance right before filing for divorce. He could have spent the money on a paramour...etc. The debt could also be entirely premarital debt.

Without providing the statements, he has no way to prove that its marital debt.

Try convincing a judge of that.

"He spent too much money and I don't like it. I think that I should be reimbursed for all the money he spent while we were married."

Turn it around - have the man complaining about how much money the women spent on clothes - and asking to get some of that back. Or the woman complaining that the man bought a new fishing boat. Or either one complaining that the other person spent too much money on a car. Do you really think that a judge is going to get involved with how much money one partner spent on clothes - or dinners - or home improvements?

If there's evidence that he hid the money, she could make a good case. But simply "he spent too much money" won't cut it. She's going to be able to get a financial statement from him listing all assets and all liabilities and that's it. If he spent the money on stuff for the home, then she's entitled to half - even the market value for most household items is very low.

Furthermore, there was no mention of marital debt until you brought it up. OP simply stated that he spent $20 K. He doesn't have the burden of proof here. She's going to have to demonstrate some evidence that he did something wrong - and simply not liking how he spent the money won't cut it.

 

[nextwife]

So, when you and he went out for dinner, how often were YOU paying the tab? Did he pull out CASH to pay for dinner out? How did you think it was getting paid?

Same with home repairs/replacements/projects. Were you selecting and paying for the home projects with him? Who paid for them at the time?

If you were not paying for various home purchases/repairs/projects, how do you KNOW they didn't go into the home. Heck, we just had someones car roll on an icy driveway and dent the two bottom panels of the insulated garage door. That, alone, is almost $600 to
repair and we won't really even be getting any "new thing" that anyone would notice because it's just the same as the old one was before a minivan messed it up. Any water heater replacements? Landscaping work? Outbuildings? Gutters? REplaced windows, storm doors? Home painting, roof work? Appliances bought or replaced? Family vacations that you did not pay cash for?

 

[mistoffolees]

So, when you and he went out for dinner, how often were YOU paying the tab? Did he pull out CASH to pay for dinner out? How did you think it was getting paid?

Same with home repairs/replacements/projects. Were you selecting and paying for the home projects with him? Who paid for them at the time?

If you were not paying for various home purchases/repairs/projects, how do you KNOW they didn't go into the home. Heck, we just had someones car roll on an icy driveway and dent the two bottom panels of the insulated garage door. That, alone, is almost $600 to
repair and we won't really even be getting any "new thing" that anyone would notice because it's just the same as the old one was before a minivan messed it up. Any water heater replacements? Landscaping work? Outbuildings? Gutters? REplaced windows, storm doors? Home painting, roof work? Appliances bought or replaced? Family vacations that you did not pay cash for?

Exactly. She's going to have a hard time convincing a judge to even look into the matter unless there's some real evidence that he did something like hide the money.