What is considered marital debt?


#1

For the debt to be divided in Equitable Distribution it must have been incurred for marital purposes. Vacations and hobbies are generally considered to be a marital purpose. If he had taken a girlfriend on the trip or if the trip took place immediately before separation then you could argue that it was marital.

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.


#2

So if the debt is considered marital and I am partially responsible for it can I force a sale of the items bought or subtract there value from my debt if he keeps them? The $3500 drum set is used by him & I have no use for it.

Thanks
Megan


#3

Dear mpcv:

Greetings. Yes, the drums, and the debt, would be marital. If he keeps the items, he must keep the value for them. For example:

Husband
Drums---------------$3,000
Debt----------------$8,000</font id=“red”>
Guitar--------------$1,000
Amp-----------------$4,000
Keyboard------------$8,000
Recording Equipment-$3,000
Total:--------------$11,000</font id=“green”>

Wife
Car-----------------$7,000
Bed Room Furniture–$4,000
Total:--------------$11,000</font id=“green”>

This would be an equal division of marital assets

Janet L. Fritts
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.


#4

If my husband has run up credit card bills on cards that are solely in his name and the purchases were not intended to benefit both of us or the marriage itself, are these considered marital debt?

Can I be held liable for them or can they be included in a settlement?

An example of some of the charges: a $3500 drum set and a vacation to Australia for a month of surfing with the boys.

Thanks