Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?
He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the proceeds 50/50. I want to be able to protect myself against him coming after my portion of the proceeds when his are gone. Will there be any tax liabilities for us from these funds?
A: You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to file for divorce where the court can address these issues on a temporary basis.
Todd B. Kotler agrees with this answer
A: You really need to hire local counsel. That being said, if you must file for divorce without counsel, file for temporary orders and seek a mutual restraining order (or whatever GA's equivalent is) preventing either of you from liquidating assets or incurring debt in each other's name until the court orders otherwise.
A: Any debts either of you incur prior to a final hearing in a divorce the Court will determine how they are to be paid, if you all don't come to an agreement. Therefore, you will not automatically be liable for his debts and expenses. But there is nothing you can file to keep him from entering into debt, while you are still married.
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