Divorce Help! lies lies lies!

[goblinsplace]

Arizona

ill to present all the info, sorry if its unorganized.

case:

married for 2 years. turns out, husband has been lying about entire life. Lies go back to before they were dating some 4 years prior. Lies about job, education, income, while married was unemployed but pretending to have a job, etc etc... the list can go on. A real 'catch me if you can' situation... wife married a person who presented himself totally false.

husband married at 23, is now 25.

Father of groom is paying some of his bills, before marriage, during, and now during the pre divorce time. (its going down soon).

One in particular is his car. He financed a car under the grooms name, and has paid its payments and insurance since. Father knew about all the barrels of BS, but never said anything.

There is about 30k in debt the 2 have accumulated. Asset total is about 8k together, plus his car (maybe worth 20k)

Here is the question,

How does the debt get divided? Is it even divided? Do they both own the debt 100% each? i.e., since the husband has nothing, does the wife own 100% of it? and vice versa? Wife has a job.

Is there a case against the father? Since he has been claiming the husband as a dependent, and is also covering some expenses like a father, others like a total stranger, does the father also own some/all of the husbands debt? like a father who is responsible for his child? is there an age cut off? If we can show that this dependency exists do we have a case to move all the 30k in debt to him?

he has a 2 million + house and exotic cars....
but plays like hes broke.... these days you never know...

help!

 

[mistoffolees]

Arizona

ill to present all the info, sorry if its unorganized.

case:

married for 2 years. turns out, husband has been lying about entire life. Lies go back to before they were dating some 4 years prior. Lies about job, education, income, while married was unemployed but pretending to have a job, etc etc... the list can go on. A real 'catch me if you can' situation... wife married a person who presented himself totally false.

husband married at 23, is now 25.

Father of groom is paying some of his bills, before marriage, during, and now during the pre divorce time. (its going down soon).

One in particular is his car. He financed a car under the grooms name, and has paid its payments and insurance since. Father knew about all the barrels of BS, but never said anything.

There is about 30k in debt the 2 have accumulated. Asset total is about 8k together, plus his car (maybe worth 20k)

Here is the question,

How does the debt get divided? Is it even divided? Do they both own the debt 100% each? i.e., since the husband has nothing, does the wife own 100% of it? and vice versa? Wife has a job.

Is there a case against the father? Since he has been claiming the husband as a dependent, and is also covering some expenses like a father, others like a total stranger, does the father also own some/all of the husbands debt? like a father who is responsible for his child? is there an age cut off? If we can show that this dependency exists do we have a case to move all the 30k in debt to him?

he has a 2 million + house and exotic cars....
but plays like hes broke.... these days you never know...

help!

Legally, you get half of the marital debt and half of the marital assets. The fact that the father has been helping the son out has no bearing on anything. Nor is the father obligated to tell you that his son is a deadbeat. The only significant exception to that rule is that the person who keeps the car is likely to keep the debt that goes with that car (seems odd that you have a 2 year old car and total assets are only $8 K).

Note that the above applies to marital assets and debt. If the car was purchased before the wedding, then it's his problem, not yours. Same with any other debt.

You're free to try to negotiate any agreement you can get them to agree to. Give them a proposal that if they sign it everything will be over quickly (definition of 'quickly' depends on your state rules). If they don't agree, it will take longer and be more expensive. However, from your own perspective, if you drag this out, the legal expenses are qoing to quickly exceed any assets you might receive.

And you might as well get used to something - the father's assets are not yours and you have absolutely no claim to them. I don't care if his father is Warren Buffet. There's no point even mentioning that the father has lots of money.

The only other issue is the tax deduction. If the father has continued to claim his son as a dependent on his taxes, that's likely to be fraudulent (see a tax expert). He just MIGHT be willing to help out to avoid a problem with the IRS, but you don't want to approach that yourself. An attorney can help you to negotiate an agreement with the SON (you have no position to negotiate anything with the father) where you would agree to various actions in lieu of a settlement. But this is tricky. For example, if you've been signing a joint tax return while knowing that the father was claiming the son as a dependent, then you're guilty, too. See an attorney.

 

[nextwife]

Arizona

ill to present all the info, sorry if its unorganized.

case:

married for 2 years. turns out, husband has been lying about entire life. Lies go back to before they were dating some 4 years prior. Lies about job, education, income, while married was unemployed but pretending to have a job, etc etc... the list can go on. A real 'catch me if you can' situation... wife married a person who presented himself totally false.

husband married at 23, is now 25.

Father of groom is paying some of his bills, before marriage, during, and now during the pre divorce time. (its going down soon).

One in particular is his car. He financed a car under the grooms name, and has paid its payments and insurance since. Father knew about all the barrels of BS, but never said anything.

There is about 30k in debt the 2 have accumulated. Asset total is about 8k together, plus his car (maybe worth 20k)

Here is the question,

How does the debt get divided? Is it even divided? Do they both own the debt 100% each? i.e., since the husband has nothing, does the wife own 100% of it? and vice versa? Wife has a job.

Is there a case against the father? Since he has been claiming the husband as a dependent, and is also covering some expenses like a father, others like a total stranger, does the father also own some/all of the husbands debt? like a father who is responsible for his child? is there an age cut off? If we can show that this dependency exists do we have a case to move all the 30k in debt to him?

he has a 2 million + house and exotic cars....
but plays like hes broke.... these days you never know...

help!

To whom is the car TITLED? If in dad's name, it is NOT a marital asset.

BTW: If dad is the one legally responsible for the car payments, it is unlikely a judge will award the car to you unless you refi the loan..

 

[goblinsplace]

car

well the car was paid about 15k cash and financed the rest of it. its totally paid off.

It was purchased by the father for the son before the wedding.

its private party value is booking at about 22k.

i didn't include this in the marital assets before because i didn't know.

so with that said, is the car included with the marital assets then?

that would total 30k, with the car and other assets they have together.

and there is about 30k in debt. Do we begin to count debt the day of the divorce? i.e., the wife should hold on paying off anything major?

there are some debts the father said verbally he would pay for, but this was all before the divorce talk happened. now, talking is not so easy. does his word hold as a verbal contract?

since the husband has nothing but the car, is this really the only route to go? pretty sure the father will bail the kid out if the car is under negotiation.

ok, so if there is 30k total debt, and 30k total asset (car included), then it would equate to zero?

and thing i need to know as the divorce has not happened yet? parties have moved out, and apartment is let go, and stuff is in storage. what should i be aware of? whats should i look out for/do to protect myself and get this debt off my chest fast.

his father will bail the kid out, as he is rich, i on the other hand have no safety but my job, which is not enough cash to even cover anything.

thanks!

 

[mistoffolees]

If the father bought the car for his son before the wedding, it is not marital property, it belongs to whoever is on the title. Any debts that either of you had before the wedding would also be separate property.

Marital assets and marital debt are those items that are incurred during the marriage. Once you file for divorce, any debt that you incur would be your own separate debt. Any debt incurred before either party files for divorce is marital debt (usually).

Assets work the same way - except that gifts or inheritances are separate property until mingled with marital assets.

You should really talk with an attorney. Many attorneys will give you an initial consultation free.

 

[goblinsplace]

== car is titled in sons name

 

[goblinsplace]

ok, so i guess the car is out.

how about the wedding ring? how does that work?

so only stuff bought or given to the couple after the wedding counts as joint? and anything purchased after the wedding by either party is also 50/50? for example, a laptop, or ipod

should i see a specific divorce laywer? have a friend who is a lawyer, not a very good one as she doesn't practice full time, but what you think?

 

[mistoffolees]

ok, so i guess the car is out.

how about the wedding ring? how does that work?

so only stuff bought or given to the couple after the wedding counts as joint? and anything purchased after the wedding by either party is also 50/50? for example, a laptop, or ipod

should i see a specific divorce laywer? have a friend who is a lawyer, not a very good one as she doesn't practice full time, but what you think?

The wedding and engagement rings are gifts to you. They're all yours.

Anything purchased after the wedding is marital property - unless it is purchased with separate funds (like an inheritance).

I would see a real divorce lawyer rather than someone who dabbles in it.

 

[nextwife]

ok, so i guess the car is out.

how about the wedding ring? how does that work?

so only stuff bought or given to the couple after the wedding counts as joint? and anything purchased after the wedding by either party is also 50/50? for example, a laptop, or ipod

should i see a specific divorce laywer? have a friend who is a lawyer, not a very good one as she doesn't practice full time, but what you think?

Gifts seperately given to one or the other of you are also NOT marital. Example: Your parents gift heirloom china to YOU, alone, when they downsize their home. Even though it was acquired DURING the marriage, it may NOT be marital property.