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Diving Property

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Radiance

Junior Member
What is the name of your state (only U.S. law)? FL

My soon to be ex and I already divided all property back in 2008 when we separated residencies.

Now I am finally filing for divorce. Can I tell the judge we already separated property and there is nothing to divide or do I still have to list all? We dont have much, no real state, no jewerly, no business. I dont have a retirement fund or 401k, etc no life insurance on either side

I (Wife) got
Furniture and Furnishings. all older than 7 years, rooms to go, nothing fancy. I live in a small 2/1 apartment
My honda civic
My laptop. older than 3 years
$5000 in savings, which I built after we separated
42" TV

He (husband) got
500 cd collection
Buell motorcycle
His PC and printer
about $9000 in 401k (not sure as he was hiding this from me, I learned about it recently, he might have other stuff, I dont want any, he can keep it as long as I keep my $5000 in savings)
He leases a Jeep wrangler

Will I have trouble keeping my part?
 


Radiance

Junior Member
Yes, thanks God, so far everything is amicable, he super agrees with the way things are divided.
He claims he forgot about the 401k. I am the one saying he was hiding it.
 
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mistoffolees

Senior Member
Now I am finally filing for divorce. Can I tell the judge we already separated property and there is nothing to divide or do I still have to list all? We dont have much, no real state, no jewerly, no business. I dont have a retirement fund or 401k, etc no life insurance on either side
If the two of you are in agreement, then whatever division of personal property you wish to make shouldn't be a problem. The judge may ask for a list of significant assets to ensure that it's not too one-sided, but even that isn't too likely if the two of you are in agreement.

However, I'd make sure you have a detailed enough list that you both agree to in writing - these things have a way of resurfacing several months or years down the road. Making sure you're both in agreement IN WRITING may save you headaches in the future.
 

Radiance

Junior Member
I was asked to add this question here. I hope I get responses.

Now about division of debts:

My soon to be ex and I separated in 2008 and we got to a verbal agreement about the debts (well, in paper but never signed them or notarized them, my mistake). He has come true to his side so far, I have had no problems.

Now I am finally filing for divorce.
All seems to be uncontested on my conversations with him.
My concern is whether a judge will insist on separating things differently than we have agreed upon.

Since 2008 many things have changed
I got out of debt on side of agreement while he kept on paying minimums on his side.

My only current debt is $7000 on a car loan.

He has 5 credit cards on his name only, not sure of balances. I asked him for that info, but he thinks he doesnt have to tell me because it is only on his name and he agrees that is on him. Plus, due to adultery activities he doenst want me to see the statements and I really dont want to pay for jewerly I never received or trips I never went on, etc.
There is a lease on both names which expires in July for his Jeep
There is a credit union loan on both names for about $9000, which he agreed to pay and has paid on time all this time.
He has a motorcycle loan on his name only

I make almost his income... not sure if relevant. (I know I have to pay him child support, I am ok with that, it is only $20, maybe it will get dismissed)

Now, do you think a judge would force me to pay half of the debt even though my spouse states he wants to pay for it?

I know I need to see a lawyer and I will but I wanted to hear experiences. Thanks
 

mistoffolees

Senior Member
Now I am finally filing for divorce.
All seems to be uncontested on my conversations with him.
My concern is whether a judge will insist on separating things differently than we have agreed upon.
As you were told, if the two of you agree on division of debt and assets, the court is unlikely to interfere.

HOWEVER, make sure that your name is not on any debt that he is responsible for. If your name is on it, the bank can hold you responsible no matter what the divorce decree says (you would then have to sue your ex to recover any money you spent). Ask for any loans that are in your name to be paid or refinanced and closed out before the divorce is final.
 

Radiance

Junior Member
Thank you, unfortunately he cannot afford to pre-pay the debt where I co-signed. He has paid on time so far and he is very proud of his credit score so all I can do is to trust he will complete those payments.

The good side is that the account were I co-signed is a personal loan with his credit union which is deducted directly from his payroll and it is not revolving, i am waiting for an statement so I can know what is the payment schedule like.

Thank you very much, i am off to have him sign for the financial division ASAP
 

LdiJ

Senior Member
Thank you, unfortunately he cannot afford to pre-pay the debt where I co-signed. He has paid on time so far and he is very proud of his credit score so all I can do is to trust he will complete those payments.

The good side is that the account were I co-signed is a personal loan with his credit union which is deducted directly from his payroll and it is not revolving, i am waiting for an statement so I can know what is the payment schedule like.

Thank you very much, i am off to have him sign for the financial division ASAP
If he is the kind of person who truly cares about his credit score, then the most that you would have to worry about is if something happened to him that caused him to be unable (not unwilling) to pay.
 

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