Married and my husband is very ill with cancer afraid to be left with all his deb

[debscare]

What is the name of your state?MA
I got married around 2yrs ago, my husband is very sick, he has cancer and Doctor don't give him to much time. I has a house and some saving accounts. but I'm not interested in any of that beacause he has a daughter with another marriage. What worries me is that somebody told me that if he dies I will be responsible for paying all his deb. He has a lot of deb, his mortgage, credit cards and some new cars. is that true? is it true that if we sign a post-nuptial agreement that will cover me from having to pay his deb if he dies?

[Veronica1228]

Originally Posted by debscare

What is the name of your state?MA
I got married around 2yrs ago, my husband is very sick, he has cancer and Doctor don't give him to much time. I has a house and some saving accounts. but I'm not interested in any of that beacause he has a daughter with another marriage. What worries me is that somebody told me that if he dies I will be responsible for paying all his deb. He has a lot of deb, his mortgage, credit cards and some new cars. is that true? is it true that if we sign a post-nuptial agreement that will cover me from having to pay his deb if he dies?

MA is not a marital property state so you are not responsible for your husband's debt. However, his estate is. When your husband passes away any proceeds from his estate (bank accounts, property etc) must be used to pay off his debts first. If the estate is insolvent then the creditors don't get paid.

I am very sorry for what you are going through. You can check this one worry off of your list though. Good luck.

[PinHead]

Whoahhhhh, sorry to hear about the illness of your husband… as to paying your husband’s debts well you are not bound to pay It (MA law says). But still he is bound to pay his debts unless otherwise his properties is insolvent therefore the creditors will not be paid.

[Veronica1228]

Is there an echo in here?

an echo in here**************......

echo in here**************

in here**************...

here**************......

[shelbydutch]

I do know exactly what you are going through, except, I am the one dying of cancer, not my husband. I am considering divorcing him so that I can file bankruptcy on my debts (credit cards, of course) so he and my children will not be responsible for them. I cannot leave them that way. I live in Indiana so I don't know if that is possible and you hate to talk to anyone because they think you are trying to screw the system. All I want to do is not have my husband and children pay for my mistakes!! Does anyone know if this is possible in the State of Indiana?

[Veronica1228]

Originally Posted by shelbydutch

I do know exactly what you are going through, except, I am the one dying of cancer, not my husband. I am considering divorcing him so that I can file bankruptcy on my debts (credit cards, of course) so he and my children will not be responsible for them. I cannot leave them that way. I live in Indiana so I don't know if that is possible and you hate to talk to anyone because they think you are trying to screw the system. All I want to do is not have my husband and children pay for my mistakes!! Does anyone know if this is possible in the State of Indiana?

Shelby, the only thing I can tell you is that Indiana is also not a marital property state. I am sorry for what you are going through, but hijacking someone else's thread is a no-no around here. I recommend you start your own thread, possibly in the Consumer Bankruptcy Forum, and Ladynred can help you. She is our resident expert on this type of thing.

Good luck to you.

[shelbydutch]

Veronica, I was not trying to "Hijack" someone else's thread! There could have been a reply that could benefit us both. I thought that forums where for people to look for help and/or voice their opinions. I guess I need to look else where for that. Thank you for opening my eye to this forum.

[Veronica1228]

Originally Posted by shelbydutch

Veronica, I was not trying to "Hijack" someone else's thread! There could have been a reply that could benefit us both. I thought that forums where for people to look for help and/or voice their opinions. I guess I need to look else where for that. Thank you for opening my eye to this forum.

Shelby, I wasn't trying to be mean. I was trying to help you. Technically, the OP created her thread in the wrong forum, but I happened to come across it so I answered her questions. I don't know much about bankruptcy so I was trying to let you know where and how you can get accurate help.

By stating your question in this thread, it detracts from the OPs issue which really isn't fair to her. Please take my advice and post your question in the correct forum. You will receive help. I promise.

[shelbydutch]

Veronica. I am sorry but I am very sensitive to my situation and hers. Maybe she was thinking that this was what she needed to do (divorce, separaion, etc.). I was thinking the same thing to keep my family from being in her situation. So, what I did may be "a no-no" here but not posting a thread here could keep someone from helping this person in her situation. If this is the Administration's opinion, I am sorry and I will refrain from answering, etc. and/or take my questions elsewhere. I am not trying to be judgemental...I am just hoping that in asking for similar help in this person's post, could possibily, help us both.

[Veronica1228]

Originally Posted by shelbydutch

Veronica. I am sorry but I am very sensitive to my situation and hers. Maybe she was thinking that this was what she needed to do (divorce, separaion, etc.). I was thinking the same thing to keep my family from being in her situation. So, what I did may be "a no-no" here but not posting a thread here could keep someone from helping this person in her situation. If this is the Administration's opinion, I am sorry and I will refrain from answering, etc. and/or take my questions elsewhere. I am not trying to be judgemental...I am just hoping that in asking for similar help in this person's post, could possibily, help us both.

I understand completely, and I am also sensitive to your situation. I've lost a brother and my father to cancer and had to watch my mother go through similar things at a fairly young age. However, your case is slightly different then the OP's case. She hasn't come back yet, and may have additional questions that need to be addressed. If we are focusing on your issue, which is similar but different in important ways, it will get confusing.

Also, the people who CAN accurately answer your question do not come to this forum. They are in the Bankruptcy and Consumer Credit forums. If you post here you may never get the answer you are looking for. I just happened to find this thread by sheer luck.

I hope I explained myself and again stressed that my only desire is to make sure that both you and the OP get the answers you need. Trust me, I am usually really mean to most people who "hijack" threads. Ask anyone.

Good luck and tell Ladynred that I sent you.

[shelbydutch]

Yes, mine and the OP's situations are similar in the respect that she is in fear of having to pay her husband's debts and I do not want my family to have to take care of mine. Granted, we are from different states, but the bottomline (both states are not property states) may very well put us on the right track, IF, we received information on this subject. I hope that no one else has obsessed theirselves on the fact that I am from a different state and have looked at the real question...can we keep ourselves or our families from paying the debts!

[ENASNI]

Originally Posted by shelbydutch

Yes, mine and the OP's situations are similar in the respect that she is in fear of having to pay her husband's debts and I do not want my family to have to take care of mine. Granted, we are from different states, but the bottomline (both states are not property states) may very well put us on the right track, IF, we received information on this subject. I hope that no one else has obsessed theirselves on the fact that I am from a different state and have looked at the real question...can we keep ourselves or our families from paying the debts!

There are some great people in Bankruptcy and consumer credit Forum. Ladynred and Debtguy, they may be able to let you know on your situation, Shelby.
Veronica is only trying to help, and to have your own thread Will give You all the attention you deserve. There are different laws for states, please take this and Veronica's advice with all the good will that is intended.

[shelbydutch]

debscare, You can see from my post that I cannot help you with your problem (I am basically in the same situation), but if I receive information that I feel can help you or you receive the same...please share it with me and I will be more than happy to share it with you . Also, if you would just like someone that you can talk to...please feel free to contact me. I will listem !!!

[shelbydutch]

Enasni, Thank you for your post. But other than your and Veronica's promotion for "Ladynred" and Debtguy, I have seen no post on their part. They may very well be good at what they do, but until I see a post from them peronnaly, I will withhold my judgement.

[Veronica1228]

Originally Posted by shelbydutch

Enasni, Thank you for your post. But other than your and Veronica's promotion for "Ladynred" and Debtguy, I have seen no post on their part. They may very well be good at what they do, but until I see a post from them peronnaly, I will withhold my judgement.

You will not see a post from them until you post in the correct forum. They do not look at threads in this forum because their expertise is finance. This is the Divorce Forum and out of their realm.