Post-Marriage Agreement

Is there a legal agreement that can be signed between a husband and wife dividing up possesions such as house, business, cars, etc, without getting a divorce? My husband and I disagree on how our finances should be handled and this seems to be the only solution we can think of.

[I AM ALWAYS LIABLE]

Originally posted by DonnaM
Is there a legal agreement that can be signed between a husband and wife dividing up possesions such as house, business, cars, etc, without getting a divorce? My husband and I disagree on how our finances should be handled and this seems to be the only solution we can think of.

My response:

Sure. See your attorney about putting together a "Post Nuptual Agreement". All personal property, real property, and business interests can, in fact, be divided between you.

Just remember, this is an agreement only between the two of you, and DOES NOT affect the interests of third party creditors for whom you are both signatories on such contracts; e.g., if you both signed a Gym / Health Fitness contract, your agreement does not affect the rights of that creditor to go after either or both of you.

However, the Post Nuptual Agreement does give you contractual rights to sue the other spouse for Breach of Contract.

I can foresee lots of litigation in your future because of this, and making some lucky attorney very happy.

Good luck to you. You're going to need it.

IAAL

In reply to 'I am always liable'
First of all thank-you very much for your response.
What about credit cards that my husband has which do not have my name on them, am I still liable for them? This is where the problem began, I can not get my husband to understand that he should not be charging on credit cards. The situations seems to keep getting worse and I am afraid of losing what we now own. Can creditors come after me for accounts that do not have my name on them and would an agreement such as I mentioned protect me?
Do you have any other suggestions that might be a more
appealing alternative? Thank you for any advice you can give me.

[I AM ALWAYS LIABLE]

Originally posted by DonnaM
In reply to 'I am always liable'
First of all thank-you very much for your response.
What about credit cards that my husband has which do not have my name on them, am I still liable for them? This is where the problem began, I can not get my husband to understand that he should not be charging on credit cards. The situations seems to keep getting worse and I am afraid of losing what we now own. Can creditors come after me for accounts that do not have my name on them and would an agreement such as I mentioned protect me?
Do you have any other suggestions that might be a more
appealing alternative? Thank you for any advice you can give me.

My response:

I had to look up your State name from your other post - - Minnesota.

MN is a Separate Property State. That means that any contracts; e.g., credit card agreements, that he signs, but you haven't signed, are his responsibility, alone.

However, let's face facts. Any income he brings in, and any bills he's obligated to pay, affects you as well as him.

If, for example, he brings in $2,000.00 per week, but obligates himself to a $4,000.00 per month payment on that land he bought, THAT'S going to affect you and how you manage the other, necessary, obligations of your marriage - - food, clothing, housing, etc. Now, extrapolate from this example and you'll readily see how HIS dealings will affect YOU in everything that happens in your marriage.

Sure, you won't be responsible to HIS creditors; but, that's little consolation when his actions put you out on the street because you can't meet your other obligations.

His irresponsibility toward you is something you should really consider "unloading", because this is just one way that a man says, "I don't care about you".

If he's "hell bent" on ruining you, I don't see any other alternative except for divorce and alimony.

Good luck.

IAAL

To 'I am always liable"
Once again thank-you very much. My husband almost had me beleiving that I was the selfish one. He keeps telling me I should except him the way he is and that he is trying to pay things off, but I keep seeing the credit cards go up and he still manages to find money for all of his hobbies (cars, fishing, etc.) When I try to talk to him about the credit cards and how he can't make money running a business that way, he tells me I don't understand. I truly don't, I'll never understand. Unfortunatley I still love him and have 2 children (1 at home) to think of. We have been married 25 years, he never used to be this way. I don't understand how a person can change so much. He has started having his mail sent out to his shop because he says it is none of my business.
Thanks for the eye opener
from Donna in Minnesota

[I AM ALWAYS LIABLE]

My response:

It's called "Mid-Life Crisis".

When he starts doing Comb-Overs, and drives up in a brand new Corvette, then you've got some real trouble.

But, at some point, you'll come to the realization that "enough is enough" - - and that usually happens when there's nothing left to lose.

IAAL

To 'I am always liable'
No new corvette yet and he has plenty of hair, but he did come home with a new camaro plus a hornet for racing. He keeps giving me this line that he can't please me no matter what he does, so he is just going to do what he wants and enjoy life. All I have ever asked of him is that he pay his bills on time and not spend money he doesn't have. I guess that's too much. Of course he says, I don't understand.
I have to go for tonight.
Thanks for everything.

[I AM ALWAYS LIABLE]

Originally posted by DonnaM
No new corvette yet and he has plenty of hair, but he did come home with a new camaro plus a hornet for racing.

My response:

New Corvette, or new Camaro - - close enough.

However, he brought home an AMC Hornet for racing ?

Yeah, there's definately something wrong with him. Any guy who would ACTUALLY be proud to race anything by AMC has got a screw loose, or is one can short of a six pack.

Why would anyone CHOOSE to race a "Hornet" ? That's just rediculous. I'd rather race a Go-Kart than be seen on the race track with a Hornet.

I mean, just how dumb is that ? No matter how "tricked out" (and, ain't that a hoot to use in the same sentence as "Hornet") you make a "Hornet" - - blower through the hood, racing wheels, flame paint job, headers sticking out from the wheel wells, double A fuel injected - - the whole "works", the fact remains, it's still a "Hornet".

Yikes !

Now, I WANT TO DIVORCE HIM, and I don't even know him !

IAAL