Car payment


#1

Dear Pookie:

Greetings. You should have already filed an equitable distribution claim and dealt with the debt issues in that case. The bankruptcy court can choose to hear the equitable distribution action also.

I would tell you to ask her to get a job and since you are not apparently supporting her pursuant to a court order or agreement, stop and pay more toward the debt. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

She claims to be actively looking for a job, but has so far had no interviews or response and also gets her doctor to write notes to say she is unable to work. I suggested she apply for SSB, but she says she did and was refused. She has not worked since November 2002 and I have been supporting her since then.

She has 14 years experience as an Exec Admin and I fail to see how she cannot get an interview. Her basis for not working is depression for which she has been hospitalised twice. The first time 6 years ago was for 12 weeks and she returned to work afterward, the last time was for 10 days. She remains medicated and fully dependent on me. It is straining my relationship with my new partner emotionally and financially. What’s my best course of action and how can I remove her debts from my credit?


#3

Dear Pookie:

Greetings. I think that you should tell her that you are cutting back her support substantially (if you are not paying pursuant to a court order or separation agreement, which you still have not cleared up for me) and that she needs to talk to temporary agencies and get an attorney to help her with the disability filing. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

There is currently no agreement or court order between us. I pay voluntarily. It is intended to support our two children so I do not want to reduce it until she gets a job, but I am unable to convince her back to work.

Is it too late to include the debts as equitable distribution if her bankruptcy is final? What happens to the marital debts if the divorce becomes final first? We still have a lot of accounts in joint names.

Also, I am buying a house with my new partner and was told by our mortgage lender that although we signed for the house long after my wife and I separated, she would still need to sign a waiver to the house or a separation agreement otherwise she could in effect own half the house. My girlfriend is worried about this. I was under the impression that anything purchased after the date of separation is NOT marital property. Where exactly do we stand? Should we get a separation agreement asap or risk her finding out about the house and trying to gain it in court? Keep in mind we have been separated for almost two years.


#5

Dear Pookie:

Greetings. If you don’t decrease the support (even if it is gradually) you not come to a solution - especially if you don’t have an attorney.

Next, you should talk to a bankruptcy attorney about the debts she apparently discharged.

Finally, your lender is correct that you need a separation agreement to ensure that your wife does not have an interest in your current property. You are correct that property purchased after the date of separation is separate, as long as no marital funds were used, but you are still married, so your wife still has a potential interest in the property due to the marriage. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Would her interest in the property be half of my half or half of the whole property?


#7

Dear Pookie:

I am not going to answer your last question, as I believe that you are not clearly understanding. I am not sure why you are reluctant to push forward on the separation and divorce, especially since you are living with someone else, but that is what you need to do instead of trying to figure out what portion of your interest in the house you have bought with your new partner is going to be your wife’s property. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

I recently separated from my spouse who quit working and filed for bankruptcy immediately after our separation. I now fully support her while we wait for our divorce. I co-signed a car for her 4years ago, which she included in her bankruptcy, and was subsequently repossessed. However I am still having to make the somewhat substantial payments on the car. Am I still responsible for this? It is ruining my credit. Can I include this debt in the divorce? I already pay her support, but think she will ask for more money when I file the papers. I am paying for my car and her debts (there are store cards etc) already. How can I avoid paying anymore?