How can the debt be divided?


#1

“Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes the separation required for those other actions. The complaint for divorce from bed and board must be verified and it must contain the required allegations of residency.”

"


#2

Generally debt accumulated during the marriage is the responsibility of both parties. However, if he accumulated debt for non marital purposes, for example he spent it gambling, then that debt could be considered his separate debt. However, if he is ordered to pay it and does not it still does not protect your credit. Is he able to get cards in his name? Can you transfer some of the debt into his name?

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

My husband has been taking care of our finances for about a year and a half. Recently, I decided to check up on things because I felt that we didn’t have as much cash as we should. I make good money and he doesn’t do too bad either - I thought we were in great shape for such a young couple. When I started researching our financials, I found out that he had accumulated over 40k in credit card debt alone - paying cards with cards?..still haven’t figured that one out - can’t figure out what happened to the cash either - we don’t have anything real to show for all the money that is missing! On top of that, we have over 30k in vehicle loans and 200k in a home that is not even a year old. BTW, alot of the credit card debt is in my name - he just applied for the cards using my SSN and added himself as an authorized user.
I am disgusted with the lies and lack of remorse. We can’t even afford to have kids now because I can barely make minimum payments and buy gas/groceries - yes, I took the bills and finances away from him. I loved and trusted him, but now I am miserable with him in the same house.
How can I file for separation and not lose everything?!? I make more money than him, so I assume that I am not eligible for alimony. Bankruptcy is NOT an option - I have worked too hard on my credit. Anyone know what kind of options I have when it comes to the division of debt during permanent separation?