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[alice05]

What is the name of your state (only U.S. law)? Washington State.
I am currently seeking advice for divorce.We have no children. My husband and I have been married for almost 4 years. During this time he has amassed a lot of debt during drug use behind my back, including loans he has defaulted on. I think I may still be liable for these which is unfortunate but they are only in his name so there is a slight chance Ill be let off the hook considering that I did not see any of this money or its "benefits".We have always kept our money seperate and the few things we Did pay together were split 50/50 We have a storage unit (in my name) which he hasnt paid for in over a year. We have life insurance that I have also been paying by myself for over a year. We have a Motorcycle which still has a lot of money left on its loan. I do not want it. If he can put it in his name he can have it. It is currently titled in My mother, His and My names. However, the bill is in my Mother's and Mine. He has paid faithfully on it and I do not want it. He believes that I will have to pay for the bike after the divorce(which is too big for me to ride anyway) and also that I have to pay for his debt.I suppose my ? is regarding whether or not I am liable for any of this.What is the name of your state (only U.S. law)?

[LdiJ]

Originally Posted by alice05

What is the name of your state (only U.S. law)? Washington State.
I am currently seeking advice for divorce.We have no children. My husband and I have been married for almost 4 years. During this time he has amassed a lot of debt during drug use behind my back, including loans he has defaulted on. I think I may still be liable for these which is unfortunate but they are only in his name so there is a slight chance Ill be let off the hook considering that I did not see any of this money or its "benefits".We have always kept our money seperate and the few things we Did pay together were split 50/50 We have a storage unit (in my name) which he hasnt paid for in over a year. We have life insurance that I have also been paying by myself for over a year. We have a Motorcycle which still has a lot of money left on its loan. I do not want it. If he can put it in his name he can have it. It is currently titled in My mother, His and My names. However, the bill is in my Mother's and Mine. He has paid faithfully on it and I do not want it. He believes that I will have to pay for the bike after the divorce(which is too big for me to ride anyway) and also that I have to pay for his debt.I suppose my ? is regarding whether or not I am liable for any of this.What is the name of your state (only U.S. law)?

Whoever keeps the bike will be responsible for paying the debt associated with the bike. However, if the loan has you and your mother's name on it, I would really recommend selling the bike, because I cannot see your husband being able to refinance in his name only...not if he has the kind of debt that you stated. You also may not be able to trust him to make timely payments. It would be one thing to risk your credit. It would be totally another to risk your mother's credit.

As far as the other debt is concerned, creditwise you will not be responsible for debt in his name only, but if its deemed to be marital debt, the divorce will make you responsible for 50% of it.

[alice05]

I really appreciate the response. I havent been sleeping well. Now the only question I have is regarding the bike, he took off on it and I dont know where he is.He left his car which I also do not want at my parents home. He is getting nasty, threats of returning it in pieces yadda yadda yadda. I dont know what the law in this state s regarding possession of the item whether it is 9/10 of the law or not, my harley dealer said he did not know what he could do for me other than try and repo it.

[mistoffolees]

Originally Posted by alice05

I really appreciate the response. I havent been sleeping well. Now the only question I have is regarding the bike, he took off on it and I dont know where he is.He left his car which I also do not want at my parents home. He is getting nasty, threats of returning it in pieces yadda yadda yadda. I dont know what the law in this state s regarding possession of the item whether it is 9/10 of the law or not, my harley dealer said he did not know what he could do for me other than try and repo it.

You go to court to get an order that he either return the bike to you or pay off the loan.

He can't return it in pieces. There is almost certainly a default court order prohibiting the destruction or dissipation of marital property and if he destroys the bike, he will be responsible for its value.