Q: IN a long term marriage (over 35 years) who is responsible for ALL debt when I go and file for a divorce
I have been married for over 40 years My husband has over the years put us into debt. We did file bankruptcy over 20 years ago.
6 months ago, we took out a loan for $30,000 (he was with me but because he is so sneaky, it was put in my name) Then we took out a new credit card a few months ago, and we put $6,000 on it to consolidate bills. (Again, he only put that in my name)
Call me stupid or thought he could/would change. I am now going to file for a divorce
WHO is responsible for all that dept? (oh yes, we have a house that should have been paid off 20 years ago, but have refinanced that too 4 or 5 times to the tune of $200,000 - House is worth maybe $250,000 )
Where this is a long term marriage, is the $30,000 and $6000 debt only my responsibility or BOTH of our.
Signed
OUT OF MY MND
I LIVE IN BOSTON MA
A: Hello, The Probate & Family Court in divorce cases has jurisdiction to divide debt as well as assets and it is not important to the Court in whose name it is held. The issue is whether it was marital debt for household family expenses versus a "bauble" purchase for his benefit only. However, if this debt is not paid off the lender will pursue you as they are not subject to the divorce unlike your husband who would be subject to Court Orders.
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