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Responsibility of bills

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kel4377

Member
What is the name of your state? NY
My husband and I have been separated for about 3 months and I was just wondering is he still legally responsible for paying for our bills along with myself even though he's no longer living in the home?
 


Jeter

Member
Even when you were living together, he was never legally responsible to pay for any bill that isn't in his (or joint) name.
 

kel4377

Member
Well, all of the bills are in both our names except for the basic ones like phone & cable. The mortgage, car payment & insurance are in both our names. Is he still legally responsible for helping to pay those?
 

nextwife

Senior Member
Ok, I'm NOT divorced, however, even though the cars are in both our nmes, I PAY for MY car and he pays for his. If you have the car, why don't you make the payments, if he has the car, why don't you have him make the payments? Whoever is getting use of it is the one that logically should pay for it.
 

Jeter

Member
Nextwife, I understand your point, however these bills are in joint name. No matter who has use of the debt, the situation may be that one person cannot afford to pay that bill on their own.

Nevertheless, kel, his legal responsibility regarding the bills is to the creditors only. He is responsible for payment, so if a loan defaults the creditor can sue and get a judgement. However, since your accounts are in joint name, his rope is tied around your ankles. If his credit goes into the dumps for non-payment, your credit goes down with his and you'll also be attached to his judgement. This is a sticky situaton because you could logically divorce and have guidelines in the decree specifying who is liable for which debts. However, if he defaults on his end of the deal, by the time you get an order for him to pay back payments and then actually get the money, the loans would be well into collections status.
 
2

2timearound

Guest
I am going through the same thing right now and my divorce will be done in about two weeks. He ran bill up when he has a business going and my name was nowhere on any of the paperwork. He wants me to pay half of stuff he has done since we have seperated. I am now having to go back and redo my paperwork saying he is to pay for these things and if I should have my wages garnished then I have the right to sue him for the same amount + filing fees and lawyer if need be. But you can put in your decree that he is to pay this thing and you do this and he can sign a quick claim deed to turn over anything that you want to responable for but again this still does not get you off the hook tottaly if he does not pay what he should. Make sure you put in your decree that if something happens that you have to pay for it that you can sue him to get the money back.
 

JETX

Senior Member
"I was just wondering is he still legally responsible for paying for our bills along with myself even though he's no longer living in the home?"
*** The CORRECT answer to your question requires some 'splainin'..... You would likely have THREE types of bills:
1) Your debts:
Your name is the only name on the account and you are the only person who signed the credit application. In this case, he would have no liability to pay this bill.

2) His debts:
Your name is NOT on the account nor did you sign the credit application: You would have no liability for this account and the debt is entirely his.

3) Joint debts:
These would be any debts where BOTH of you signed the credit application or agreement to repay (usually mortgage, car, furniture, etc.). In this case, you are BOTH equally liable for the debt. The creditor wouldn't care whether you paid 100% of the payment, or 50% or none.... as long as the payment was received as promised. And if the payment is not made, the creditor can make the demand for payment from BOTH of you...... and file a lawsuit naming either or both of you.

Bottom line... he has no legal obligation TO YOU to pay those joint bills.
 

Jeter

Member
You wrote: *** The CORRECT answer to your question requires some 'splainin'..... You would likely have THREE types of bills:
1) Your debts:
Your name is the only name on the account and you are the only person who signed the credit application. In this case, he would have no liability to pay this bill.

2) His debts:
Your name is NOT on the account nor did you sign the credit application: You would have no liability for this account and the debt is entirely his.

3) Joint debts:
These would be any debts where BOTH of you signed the credit application or agreement to repay (usually mortgage, car, furniture, etc.). In this case, you are BOTH equally liable for the debt. The creditor wouldn't care whether you paid 100% of the payment, or 50% or none.... as long as the payment was received as promised. And if the payment is not made, the creditor can make the demand for payment from BOTH of you...... and file a lawsuit naming either or both of you


***Kel wrote: Well, all of the bills are in both our names except for the basic ones like phone & cable. The mortgage, car payment & insurance are in both our names.


You wrote: Bottom line... he has no legal obligation TO YOU to pay those joint bills


***Jeter wrote: Nevertheless, kel, his legal responsibility regarding the bills is to the creditors only.


*******Bottom line- the CORRECT answers were already given. You just added more info. Go try and shoot someone else down.
 

Jeter

Member
On second thought. I really don't care anymore. You're right. I have better things to do than get upset about something so miniscule.
 

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