Gifts before seperation


#1

If he went into debt to get them, then yes you are responsible for half of that debt. If the car is registered in his name (not his son) then you are entitled to half of the value of that car. The car can be sold (at a loss) and the proceeds split. If the car was gift and it is now titled and garaged some place else then you are out of luck.


#2

So in light of this asinine law, how does a person with good credit and no debit protect themself from a spouse that goes on buying sprees, constantly jacking up anothers debt? Humm, perhaps the day before seperation, I’ll go out and buy the most expensive car on the lot!


#3

Until financial separation you cannot. Financial separation and real separation are different.

One way to protect yourself is to close the joint accounts. Cut off his funds. Move your direct deposits to another account. Move the money from the joint account into a separate account. This will protect it in the short term (you will have to split it later). It is still half his, you are just keeping it safe till distribution time. [:D]

Stay calm, stay focused. Protect yourself financially by isolating finances.

Close joint credit cards. Call up the credit card companies. Tell them what is happening. They may assist you in closing the accounts if they know the debt may get tied up in a lawsuit and or a bankruptcy.

If you go out and buy a new car before separation then you would have to give him half of the value of the car. It would have the opposite effect of what you want.

What are your plans for separation? Has he agreed to leave? If so, the moment he moves out change the locks on the house. Send him a letter telling him not to come back. He he doesn’t leave you will have problems getting him out.


#4

Thanks Don… NOTHING is in both of our names. As I stated earlier, we have seperate checking, savings, etc. We DO NOT have joint credit cards. That is why it is so irretating to think I would be responsible for half of something that I know nothing about. I have no clue what his credit card debits were prior to marrying me let alone now! He can not get my money… I have seperate accounts. ALL of the money was MINE before marriage and still is… The seperation part, now that is the problem because he wont leave. However, I was told that if we are not living as husband and wife that will count. For me to go and file for seperation, only for him to refuse to sign would only waste more of my money.


#5

It sounds like you have little financial exposure. That is good. Getting him out could be problematic.

You must live at separate residences. There is no way around that.


#6

I just spoke with an attorney and some of the things that were told to me in regards to debt on charge cards made by a spouse were not true as told here. No disrespect, but Don, are you an attorney here in N.C.?


#7

You are not responsible for the gifts to your spouse’s family. Clearly these items are not for benefit of the marriage.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

No offense taken. No not an attorney. Don’t even play one on TV.

If he incurred the debt using a joint CC then you would be liable for half of the debt. If he bought the car and you were on the you signed the finance paper work then you would be responsible for have of the debt. You said “spouse that goes on buying sprees, constantly jacking up anothers debt”. That implied to me that he was using joint funds to incur this debt.

Banks don’t care about separation agreements or divorce decrees. Debit is debit. If they (the bank) can tie you to debit they will ask you to pay if your spouse or ex spouse cannot.

But, I will stand by my statement that there are no certainties.


#9

Debt that is not incurred for the benefit of the marriage is not martial. Buying a car for a relative will certalinly not be considered martial. As long as you did not cosign on the loan you are safe.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#10

My husband and I are getting ready to seperate, however, without conferring with me I found out he bought his son a car and his neice a new washer and dryer. Am I RESPONSIBLE for half of those gifts as well???