Unfortunately, this comes up a lot in separations. You are both responsible for any payments that your name is on as far as the creditor goes. The only way to make him solely responsible for the payment is to get an agreement signed and to refinance. Otherwise, if your name is still on the loan, your credit is on the line the same as his would be. I suggest contacting the utilities and letting them know that you no longer live at that address and have your name removed from whatever you can. Big things like cars and home will have to be negotiated and/or refinanced but credit cards, bank accounts and anything else should be separated.
Legally, you are both responsible for the marital debt up until the time of separation. I could be wrong but I believe that means that you are not responsible for that payment after that date as far as that it is no longer marital debt, but again, if your name is on it…it’s your credit. The same would be true for vehicles and anything else. The date of separation is the “golden number”.
If you are not happy with the advice the attorney is giving you, you could always consult another…
Without the opportunity to review your finances, I can not answer this question. If you do not trust the advice that you have been given by your attorney. You should seek a second opinion, regarding your legal rights and obligations.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
I’ve recently become separated and we are trying to work on a sep agreement but so far can’t even get close. I have hired an attorney, who unfortunately, is not advising me well. My question is that my ex is still living in the house and we are both paying the morgage. This has left me where I cannot get a decent place to live. Is there anything that I can do to get my ex to pay the entire morgage while he is living there?