How to split debt


#1

Equitable distribution (which is how we divide property in NC) is presumed to be an equal distribution. And it is not important whose name the debt is in, as long as the debt was accrued during the marriage. So, at first blush, it would appear that your debt would be divided equally. However, our statutes provide for times when an equal division might not be equitable (fair). In these times, the factors we look at are called distributional factors. While it is possible that voluntarily quitting his job might be a distributional factor which a court would consider, your husband’s history of getting fired tends to make it look like he tried to work but was unable to do so.

So the short answer is, probably the debt would be divided equally, but there is a chance you could convince a judge (if you had to go to court) to give more of the debt to your husband.

Erik L. Mazzone
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#2

How is debt split? My car is a joint loan, the federal taxes are joint, but most of the credit cards are mine, WHICH we lived off of for two years while my husband was unemployed. (He voluntarily left a 16 yr career with IBM, then got fired from 4 jobs) There is one child left at home. The house is in forclosure, too.
Also, we have each opened our own checking accounts, when can I file for child support if he doesn’t contribute to my son’s care?
Thank you!
Juniper725