ED Affadavit & Inventory


#1

I believe you would report the amount up to date of separation. Debt incurred after the date of separation would be considered separate debt. I believe that would also include debt incurred due to the separation…if you included it in calculations, I think that would be considered increasing the marital debt.
I could be wrong but to me it would seem unfair to ask the stbx to be partially responsible for debts that were incurred while you were separating. If that is the case, wouldn’t the stbx have debt incurred new debt as a result of the separation?


#2

Well, I paid for Everything for two months while also paying for a separate place for myself to live. At the end of the two months, I paid the stbx $1200 for moving expenses before I moved back into my house, which is separate property. I have continued to make payments on my car, which is separate property, and is still being driven by the stbx. I have also continued to pay the insurance policy for the car the stbx is driving.


#3

I also had an attorney send a separation agreement, in which I offered to let the stbx keep all the martial property which was taken out of the home. I offered in the agreement to pay the stbx $500 to return the separate property, my car. The stbx didn’t respond whatsoever.


#4

If I bought an item (a $2500 bed) before we were married, and the stbx paid off the credit card balance on it before we were married, is that separate or marital? Would the stbx’s paying off of the balance be considered a gift to me?


#5
quote:
[i]Originally posted by bluehorse[/i] [br]If I bought an item (a $2500 bed) before we were married, and the stbx paid off the credit card balance on it before we were married, is that separate or marital? Would the stbx's paying off of the balance be considered a gift to me?

If I’m reading this correctly, what this means is that the stbx bought you a bed before you were married. If that is the case then I believe that yes, it is a gift and yes it is separate property.


#6
quote:
[i]Originally posted by bluehorse[/i] [br]I also had an attorney send a separation agreement, in which I offered to let the stbx keep all the martial property which was taken out of the home. I offered in the agreement to pay the stbx $500 to return the separate property, my car. The stbx didn't respond whatsoever.

The stbx doesn’t have to respond if stbx is not in agreement. There never has to be a signed agreement between you. If you do not have a sign agreement, and can not agree on ED then that is when it goes to court.


#7
quote:
[i]Originally posted by bluehorse[/i] [br]Well, I paid for Everything for two months while also paying for a separate place for myself to live. At the end of the two months, I paid the stbx $1200 for moving expenses before I moved back into my house, which is separate property. I have continued to make payments on my car, which is separate property, and is still being driven by the stbx. I have also continued to pay the insurance policy for the car the stbx is driving.

It may be that the stbx would be forced to reimburse you for the amount you paid out for those two months and the moving expenses, but that will all depend on whether you want to view that as the stbx’s portion of marital assets. Have the bank accounts been divided? Have you divided your retirement accounts? By law the stbx is entitled to 1/2 of those also. If you have continued to pay on the car, then the stbx’s share of that is reduced. The amount that you spent paying for your own place is not considered marital debt.


#8

The details may too lengthy to post here, but I’m thinking the stbx would have been smart to take the separation agreement. There’s a lot to be said for cutting off your nose to spite your face.


#9

but I’m thinking the stbx would have been smart to take the separation agreement.
Amen brother.

Is the car you stbx driving registered in your name? Are you on the title? Do you have a key? Been there done that. Very effective.


#10

Yes, yes, and yes!


#11

The ED inventory asks for the balance on the date of separation and the present balance. You should list both.

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#12

Some things in the local rules and instructions on the ED forms don’t seem totally consistent. When listing my debts, do I report the amount of debt at the date of separation, or include debt tha has been incurred after the date of separation? The additional debt that has been incurred is credit card debt directly related to the separation. I’m planning on filing for ED pro se.