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FL vs. NC Law

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F

FL_Landlord

Junior Member
My mother in law and her husband recently moved from FL to NC. Her husband has not been paying his bills and she just found out that in the state of NC she may be liable for any and all of his debts, including his business debts which are not being paid either. Is this true? They have always kept separate finances and only have one joint personal CC, which she knows she is obligated to pay. She has been in the state of NC for just over a year now. Should she try and apply for residency back in FL? They were married in FL back in 2003 and they do have a prenuptial agreement. How long would she need to be a FL resident before she could file for divorce? Could she file for divorce in FL because she was married there even though she currently lives in NC? Thank you for any help and advice in advance.
 


LdiJ

LdiJ

Senior Member
FL_Landlord said:
My mother in law and her husband recently moved from FL to NC. Her husband has not been paying his bills and she just found out that in the state of NC she may be liable for any and all of his debts, including his business debts which are not being paid either. Is this true? They have always kept separate finances and only have one joint personal CC, which she knows she is obligated to pay. She has been in the state of NC for just over a year now. Should she try and apply for residency back in FL? They were married in FL back in 2003 and they do have a prenuptial agreement. How long would she need to be a FL resident before she could file for divorce? Could she file for divorce in FL because she was married there even though she currently lives in NC? Thank you for any help and advice in advance.
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She would have to be a resident in FL in order to file for divorce there. That means she would have to live there for six months before she could file.

However, even in FL she could be held reponsible for 1/2 of the debt that he accrued during the marriage, and not even in NC could she be held reponsible for his premarital debt.
 
Ohiogal

Ohiogal

Queen Bee
How does the prenup handle the debts? What type of business is it? A corporation? LLC? Sole proprietorship? She needs to see an attorney who can look at the prenup and determine how that protects her.
 
M

mistoffolees

Senior Member
LdiJ said:
She would have to be a resident in FL in order to file for divorce there. That means she would have to live there for six months before she could file.

However, even in FL she could be held reponsible for 1/2 of the debt that he accrued during the marriage, and not even in NC could she be held reponsible for his premarital debt.
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The key would be what constitutes marital debt. If stbx owned the business before the marriage and never mingled marital funds, the debts incurred by the business may not be marital - it also depends on the structure of the business.

Of course, if OP personally signed for any debts, she's on the hook regardless of whether they're marital or non-marital.
 
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