E/D credit cards


#1

I’m not a lawyer, so take with the obligatory grain/cube/saltlick of salt, and check w/ your attorney.

I think you can include at least part of the credit card balance as part of E/D, if you can somehow detail how much of the balance is/was separate, and how much is/was marital.

Given that you’ve had the card over 12 years, and were unmarried for a very short period of time after obtaining the card, however, any separate portion is likely to be small. And if the balance hit $0 or less during the marriage, I think that the separate portion would also be $0. (Any balance accrued since DOS would be separate, however, unless the credit card was a joint card.)

Of course, if you want to motion that it be deemed separate, I don’t think that would be an issue, although your attorney might raise their eyebrows a bit.

At the very minimum, if you’re not motioning for it to be deemed separate, you will probably need a statement (or at least a figure for the balance) as of date of marriage, date of separation, and now.


#2

Dear misstee:

Greetings. The credit card can be included in ED since the charges made prior to the marriage were probably paid off long ago and the only charges existing on the date of separation were all marital. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

I’m legally separated and next week we are going to Pretrial E/D conference. I obtained a credit card in my name 5/94,we married 8/94. I used this credit card to purchase household items for the family. Can this be credit card be included in E/D?