Unable to pay E/D


#1

It’s my understanding that once the assets and liabilities are split, and divorce settled, that the parties then have a fixed amount of time to refinance those obligations and remove the other persons name from them. Such is my case.


#2

SO how do you refinance a joint loan for half the amount and just have it in your name, so are you saying I go to the bank that we owe $5000 and I tell them I"m only obligated to pay half so I want to refinance $2500 in my names and take my name off the original loan.


#3

Try not to agree to have your spouse pay bills in your name since you will have little control over if and when they are paid. If that is the only way to work things out then you must accept that you still owe the entire debt to the lender and if your spouse fails to make the payments you must pursue that from your spouse (the lender has no relationship with the spouse and will seek recovery of the entire debt from you).

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.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.


#4

Precisely, the entire debt should be given to one spouse or the other in exchange for something else–this gives you complete control.


#5

Unless you refinance or transfer these debts into sole names of each spouse then you cannot absolutely protect your credit. The lender is not bound by the terms of the separation agreement.

Fatlilbeagle is not entirely correct. You should transfer the debts at the same time as signing of separation agreement, not waiting until divorce.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#6

is there any criteria that if one is unable to pay e/d(such as splitting of debt)what will happen and how can you avoid joint bills affecting your credit. example: if we had a joint loan that has a $5000 balance and its split 50/50 how will the loan company know if I paid my amount and she hasn’t so my credit wont be affected