Q: In a divorce how is credit card debt split up and what happens if one side cant pay it?
IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?
A: Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties' respective abilities to pay.
A: Husband and Wife are liable for all debt incurred by them jointly during marriage. Even though you may have paid on the debts, the creditors look to both parties for payment - both are liable for the full amount of the debt. If you filed bankruptcy solely, any debt listed in your bankruptcy will be discharged as do you and the creditors can continue to seek payment from your spouse if she was not part of the bankruptcy. You should talk with your family law attorney handling the divorce (or get one to meet with) - regarding the division of debt and/or payments you have made should be dealt with during the divorce process.
A: Marital debt is apportioned between the parties in nearly all States. If bankruptcy is a serious consideration, it is often an effective strategy for Husband and Wife to file a joint bankruptcy prior to dissolving the marriage. This way they can eliminate most, if not all, of the debt that could become a sticking point in their dissolution of marriage settlement negotiations. I have utilized this strategy many times. It can make things much easier and Dissolution counsel have generally supported this strategy,
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