marital debt or not?

[almost done]

What is the name of your state? NY

Husband and wife married for 15 years, during which time the wife decides to work sporatically, earning an average of 15000/year

during this time wife acquires approx. 50,000 debt, leading up to divorce. This debt is in wifes name alone, without any other authorized users.

Would the husband be responsible for half of this debt as well?

 

[Ohiogal]

Yep. It is marital debt. Husband knew or should have known about such debt and benefited from it.

 

[almost done]

Yep. It is marital debt. Husband knew or should have known about such debt and benefited from it.

so for the sake of argument lets say that the wife was the breadwinner and the husband worked sporatically, would the husband still be responsible for half of that debt or not because he doesnt have a job?

 

[Bali Hai]

so for the sake of argument lets say that the wife was the breadwinner and the husband worked sporatically, would the husband still be responsible for half of that debt or not because he doesnt have a job?

When the man said "I do" that put the "mans" neck in a noose.

It's as simple as that. any further questions??

 

[almost done]

When the man said "I do" that put the "mans" neck in a noose.

It's as simple as that. any further questions??

So you are saying that even thought the husband has no source of income, he would still be liable for the debt?

Is this the truth?

 

[moburkes]

So you are saying that even thought the husband has no source of income, he would still be liable for the debt?

Is this the truth?

No, it is not true.

Yes, both spouses are responsible for marital debt, regardless of job status. Just as both spouse will benefit from assets.

 

[almost done]

No, it is not true.

Yes, both spouses are responsible for marital debt, regardless of job status. Just as both spouse will benefit from assets.

so then it WOULD be the truth?....

 

[moburkes]

So you are saying that even thought the husband has no source of income, he would still be liable for the debt?

Is this the truth?

I misunderstood, sorry.

Yes, both a man and a woman are responsible for marital debt. Bali was attempting to say that, of course, a man would be responsible, while a woman might not be. But, they both are, so yes.

Again, sorry.

 

[almost done]

so then it would also be true that when husband is bread winner and wife chooses not to work, that wife would also be responsible for 1/2 of the credit card debt regardless of whether or not she is gainfully employed?




It may seem like i am beating a dead horse with all of these redundant questions but there is a true purpose so i appreciate you all bearing with me
and i thank you for taking the time to answer my questions for me

 

[moburkes]

It doesn't matter whether or not either spouse is working. Period. They are both responsible for the debts, and they will both benefit from the assets.

 

[LdiJ]

so then it would also be true that when husband is bread winner and wife chooses not to work, that wife would also be responsible for 1/2 of the credit card debt regardless of whether or not she is gainfully employed?




It may seem like i am beating a dead horse with all of these redundant questions but there is a true purpose so i appreciate you all bearing with me
and i thank you for taking the time to answer my questions for me

The key here is MARITAL debt...and what is or isn't defined as marital debt. However yes, both are equally responsible for marital debt. You cannot necessarily corrulate that to your case without asking questions on your own thread, because you may be dealing with debt that for one reason or another is not marital.

 

[almost done]

The key here is MARITAL debt...and what is or isn't defined as marital debt. However yes, both are equally responsible for marital debt. You cannot necessarily corrulate that to your case without asking questions on your own thread, because you may be dealing with debt that for one reason or another is not marital.

1 This is my own thread


2 What would not be classified as marital debt>?


3 What would be?

 

[lwpat]

It depends on state law. Google the legal doctrine of "Necessaries." If the husband did not benefit from the debt, it may not be marital debt.

 

[moburkes]

Why don't you, instead of askinga bunch of general questions, ask what you need to know.

If the spouse buys clothes, or gas, or dishes, or a washing machine, or candy, or pays for a trip, etc - marital debt.

 

[almost done]

well , quite frankly i was working up to that when i got side tracked looking for doctrines and other info on what would be considered marital debt and what would not.


My question is exactly what i was asking, exept backwards.

It is the husband who is the breadwinner and acquired 50k in marital debt, wife does not work, and anytime husband brings up the fact of the wife owing marital debt, the answer is that husband should file for BK. Wife doesnt work so wife cant pay half of debt. So i am trying to figure out if there is some loophole that would allow wife to not be responsible.


And to top it off, there was a letter delivered today stating that the wife now has the money to buy out the husbands share of the marital residence and pay off the existing mortgage. So the next question is if wife doesnt have the money to pay off the marital debt how does she have the money to purchase the marital property?

would they segregate the two funds? meaning, would they allow wife to purchase the house without paying the marital debt? to me it is a package deal, not independantly?

Should i start a new thread for this second question?