Outstanding loans

Dear 2ndtimearoundnotacharm:

Greetings. That name of yours is sure a mouth-full. LOL Now, to your question:

First, I know that you may be tempted to call the humane society against your spouse, but I would allege that his behavior is probably more of a cry for help (I could be wrong, but I bet he feels the same or a similar gaping hole in the relationship).

You are right to be worried about him filing for bankruptcy, even with the new laws taking effect. Without him refinancing or assuming the debt, or you selling the item, you will not be able to take your name off the loans.

Make sure he knows what you are willing to give him, before you leave. If he does not know, then tell him that you plan on selling everything to get the most out of what you have. That would also solve the debt issue.

I am sorry to hear about your dilemna, but if you need help knowing exactly what the outcome will be, don’t hesitate to set up an office consultation with us. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

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.

I am seriously thinking of separating from my 2nd husband. We have been married almost 10 years and have no children between us. He has become the most hateful, ungrateful, and unappreciative man I know. He never has anything nice to say to or about me or my son. He OFTEN tells our DOG he loves him but tells me he loves me before he leaves to go to work in the mornings. I feel this has now become a force of habit and no longer meaningful. At night he has to have the dog in the bed with him to “snuggle up to”! On to the matter at hand…The mobile home we share is in his deceased father’s name. We have 3 outstanding loan balances - boat, truck, and camper. The boat and truck are in his name but the camper is in both of ours names as well as the deed to a lake lot (the lot is paid for). My name is the primary account holder and he is the co-applicant. I am afraid that if I leave he will leave me holding the notes on the 3 loans. His ex left him in debt and he filed for bankruptcy a year after we married. I am afraid that he will turn the tables on me because she did it to him. I have struggled to keep my credit in good standing during our marriage because for a couple of years he “went in business for himself” and I had to pay alot of bills with a credit card because he wasn’t making any money. I need to know what my rights are. Is there any way I can get my names off the loans besides having him refinance? I only want a bed, tv, my cds and the computer I am currently paying for. He can have the rest! I am afraid he will do unto me as others have done unto him.