Legal separation question

[spunkie51]

What is the name of your state (only U.S. law)? Nevada

A week ago Saturday my husband walked in the door after being gone all night and told me he does not want to be together anymore after 18 years. He wants me out of the house and at this point I am ready to go. We have two children 16 and 17. He is keeping the older one and I am taking the younger one and going back to Wisconsin. We have some mutual debt he is trying to tell me he talked to a Lawyer and because on the car that was repoed my name came first it is my dept alone. He is on the agreement also. My name is only first because at that time I had better credit. We also have some tax debt which we filed jointly. I had a 1099 and did not at the time know I had to file it two years ago. So we only filed his but jointly. Both of our names are on the letter we got from the IRS. He says he was told that it is my debt and he is not responsible for any of it. I dont know if I go file for a legal separation before I leave and declare this debt as mutual if that will help me in anyway. I am not taking a thing with me but my son. We rent a house and he is staying here. He is keeping both of the cars and all that we own. It is not much but I am only taking what I can take on a plane. He is threating me telling me he is going to stick me with all this stuff. I would like a little advice. Thank you spunkie51

[mistoffolees]

Originally Posted by spunkie51

What is the name of your state (only U.S. law)? Nevada

A week ago Saturday my husband walked in the door after being gone all night and told me he does not want to be together anymore after 18 years. He wants me out of the house and at this point I am ready to go. We have two children 16 and 17. He is keeping the older one and I am taking the younger one and going back to Wisconsin. We have some mutual debt he is trying to tell me he talked to a Lawyer and because on the car that was repoed my name came first it is my dept alone. He is on the agreement also. My name is only first because at that time I had better credit. We also have some tax debt which we filed jointly. I had a 1099 and did not at the time know I had to file it two years ago. So we only filed his but jointly. Both of our names are on the letter we got from the IRS. He says he was told that it is my debt and he is not responsible for any of it. I dont know if I go file for a legal separation before I leave and declare this debt as mutual if that will help me in anyway. I am not taking a thing with me but my son. We rent a house and he is staying here. He is keeping both of the cars and all that we own. It is not much but I am only taking what I can take on a plane. He is threating me telling me he is going to stick me with all this stuff. I would like a little advice. Thank you spunkie51

In general, you're each going to be responsible for half of marital debt and benefit from half of marital assets.

First thing to learn: NEVER take legal advice from your stbx. Either his attorney is an idiot or your stbx is lying to you. Either way, you need your own attorney, not relying on second hand statements from his.

A car loan which has both names on it or tax debt for taxes filed jointly are clearly marital debt. However, the fact that the car loan is a secured debt means that the most logical thing is for the person who keeps the car to pay off the loan (plus give the other person half of the equity). If he doesn't want to do that, ask the judge to order the cars sold to pay off the debt.

After 18 years, you are likely to have some assets that you should benefit from. There's no way he's going to keep all the assets and stick you with the debt. You should consult an attorney.

[LdiJ]

Originally Posted by mistoffolees

In general, you're each going to be responsible for half of marital debt and benefit from half of marital assets.

First thing to learn: NEVER take legal advice from your stbx. Either his attorney is an idiot or your stbx is lying to you. Either way, you need your own attorney, not relying on second hand statements from his.

A car loan which has both names on it or tax debt for taxes filed jointly are clearly marital debt. However, the fact that the car loan is a secured debt means that the most logical thing is for the person who keeps the car to pay off the loan (plus give the other person half of the equity). If he doesn't want to do that, ask the judge to order the cars sold to pay off the debt.

After 18 years, you are likely to have some assets that you should benefit from. There's no way he's going to keep all the assets and stick you with the debt. You should consult an attorney.

In addition. He cannot kick you out of the marital home. If you own the home, consider staying put until you have hired an attorney and have things either going forward towards the divorce, or until things are totally settled. It will be more complicated to handle things from WI.