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needsomehelp11

Junior Member
What is the name of your state (only U.S. law)? colorado

going thru a divorce. husband has 16000 in cc debts n bought a LEXUS car last yr with loan of 21000..

i have a prommisory loan for abt 24000 which is for living expenses for myself and the child. i am nt working, but wage was imputed at 10dollars per hr.

what happens to e debts, how does it get divided??
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? colorado

going thru a divorce. husband has 16000 in cc debts n bought a LEXUS car last yr with loan of 21000..

i have a prommisory loan for abt 24000 which is for living expenses for myself and the child. i am nt working, but wage was imputed at 10dollars per hr.

what happens to e debts, how does it get divided??
Most likely:
- The car loan will go with the car. if he keeps the car, he will keep the loan. However, make sure your name is off the loan documents (even if this involves him spending the money to refinance).

- Credit card debt will, in most cases, be split equally unless a large portion of it was for the purchase of an item that only one of you will keep. For example, if you bought a $10 K boat with the credit card, the person keeping the boat would likely get that portion of the debt and the rest would be split.

- Promissory note for living expenses. This is money you borrowed in the past to provide living expenses for you and the child, right? And the money is all spent? If so, it will probably be split.
 

needsomehelp11

Junior Member
i really dont know what cost the credit card to have that amt of debt. however he says he spent some money on setting up the apartment, but then he refused to put me on e lease for e same apartment, n thus me n child got eviction notice to vacate in 3 days.

he does nt wan to give me cc statements on what had created those debts. therfore im nt sure what e money was spent on

my name is nt on e car n neithr me n child have ever sat in it..

for the living expenses, my parents had paid for all of my n child living expenses, n also had to sell their jewellery just to see to our needs.
 

mistoffolees

Senior Member
i really dont know what cost the credit card to have that amt of debt. however he says he spent some money on setting up the apartment, but then he refused to put me on e lease for e same apartment, n thus me n child got eviction notice to vacate in 3 days.

he does nt wan to give me cc statements on what had created those debts. therfore im nt sure what e money was spent on

my name is nt on e car n neithr me n child have ever sat in it..

for the living expenses, my parents had paid for all of my n child living expenses, n also had to sell their jewellery just to see to our needs.
For starters, please type in complete words and sentences. If you don't care enough to spell out the words, why should anyone else care enough to help you?

You can ask the court to order him to turn over credit card expenses. The amount that he spent to set up his own apartment may NOT be your responsibility. There are a lot of factors involved. Please provide a complete timeline:
- date you or he filed for divorce
- credit card balance at the time of filing
- did you add to the credit card debt after that time or was he the only one?

The promissory note from your parents may not be his responsibility, either. Again, were those debts incurred after filing for divorce? It will also depend on whether there is a legitimate loan agreement in place or whether it is really a gift disguised as a loan.

You really need an attorney.
 

needsomehelp11

Junior Member
the child is his child.
the notice to vacate was given to me by e apartment as my name was nt on e lease n i was staying there over a period of 2mths, n he refuse to put me on e lease.

he filed for div last dec 2008.
i do not have any statements which show was his debts were for those mths he filed a div. in short, 99.9% of the debts were for his own use, not for me n child, whenevr it was incured. n also the Lexus car, that is his own problem if he bought a expensive car, wy shld i pay e loan for e car too, (but i dont know how e courts will look at it.)

as for the loan i incured, my debts, were all for living expenses for myself n child. all this was before he filed for divorce. n there is a loan agreement drawn up n also i have copies of receipts which my parents had to sell their jewellery in order to finance me n e child. this is their money n havng to pay for me n child is nt their duty.
 

Ohiogal

Queen Bee
Then there are issues with the apartment as they cannot evict you when you are MARRIED to him. They can evict him due to the lease issue. Why didn't YOU add yourself to the lease?
 

needsomehelp11

Junior Member
actually All of us would be evicted, n for him it did nt matter at all as he went to stay in e barracks. so only me n child r homeless.

i did go to leasing office 3 times but they said HE has to agree to put me on e lease although we r legally married. he refused to add me to e lease as he wanted me to leave w the child out of his apartment.

the leasing office told me my name is nt on e lease n im staying there, n his name is on e lease yet he is nt staying there.. n to avoid geting evicted he has to add me to e lease, which in turn he did nt.
 

Ohiogal

Queen Bee
actually All of us would be evicted, n for him it did nt matter at all as he went to stay in e barracks. so only me n child r homeless.

i did go to leasing office 3 times but they said HE has to agree to put me on e lease although we r legally married. he refused to add me to e lease as he wanted me to leave w the child out of his apartment.

the leasing office told me my name is nt on e lease n im staying there, n his name is on e lease yet he is nt staying there.. n to avoid geting evicted he has to add me to e lease, which in turn he did nt.
So he is military. Did you call his commanding officer and tell them what happened and that you are being evicted with HIS child because he would not add you to the lease?
 

LdiJ

Senior Member
actually All of us would be evicted, n for him it did nt matter at all as he went to stay in e barracks. so only me n child r homeless.

i did go to leasing office 3 times but they said HE has to agree to put me on e lease although we r legally married. he refused to add me to e lease as he wanted me to leave w the child out of his apartment.

the leasing office told me my name is nt on e lease n im staying there, n his name is on e lease yet he is nt staying there.. n to avoid geting evicted he has to add me to e lease, which in turn he did nt.
You have gotten some decent answers, but I will repeat what was previously said. I you cannot be bothered to write in complete words and sentences, using proper puncuation and grammer, many people are going to ignore your posts entirely.
 

needsomehelp11

Junior Member
i did contact his commander but he said all my husband is required to do is to provide me with the partial BAH, and i have to get my own place to stay with the child.
 

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