Can a bank loan, to pay my legal fees, be added to the family debt?


#1

Can a bank loan, to pay my legal fees, be added to the family debt?

We have been living in the same house but apart for over a year, and I told her that this situation it is not good for the children because they since the tension between us. I suggested that we should separate and start the separations agreement, She started being out of control and told me that she wants to ruin my live and she is working very hard on it.

She does not want to talk with me anymore about child custody and alimony, she indicated that wants us to get two lawyers and talk through them.

Since she does not work and does not want to work because she saids she can get more alimony, I believe I will have to pay for her legal fees as well as mine. I do not have the money for these additional expenses because I pay everything else including a $3,000 margate a month.

My question is; if I ask the bank for a personal loan to pay our legal fees, could this expense be added to our total debt?

Thank you in advance for your response.


#2

You have no obligation to pay for your wife’s legal fees unless you agree to it in a separation agreement or the court orders you. Retaining an attorney for her benefit and to represent her is her responsibility and you should not offer to pay her legal fees.

If you were to take out a loan to pay your legal fees, this would not be counted as marital debt even if it is acquired during the marriage and before the date of separation. This is because marital debt must be acquired during the marriage and for the joint benefit of the spouses in the marriage.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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