| onsight1 |
| (recently joined) |
| 09/24/07 03:48 PM |
Sticky situation
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In the beginning of our marriage my wife paid off some debt that i had. From that time forward i signed all my weekly income checks over to her. A year and a half later she is trying recoup the intial debt in our divorce. My question is can the money from my work checks be applied to that debt. Will they take out 50% for living expenses. Not trying to get out of paying, i just think some of my income from the last year and a half should be applied to the debt.
I live in Georgia.
Thanks in advance.
| hurricane503 |
| (recently joined) |
| 10/01/07 03:52 PM |
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Re: Sticky situation
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I don't know Georgia divorce law, but in VA everything is split, assets and debts. It would seem to me (ask your attorney) that debts paid while married are just that, marital debt, and should not be able to be recouped by either party. Are you asking for half of everything back that you contributed financially during the marriage?
| BeachBabeRN |
| (Carpal \'Tunnel) |
| 10/15/07 03:12 PM |
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Re: Sticky situation
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I wouldn't think that there is a way for her to recoup money that she wrote checks for willingly -- especially if you've had a joint account that you both put money into.
No one held a gun to her head to pay those debts off -- I did the same thing for my husband when we got married last year. Although we no longer have joint accounts he continues to pay my car payment, my gym membership and family medical insurance for all of us, including my two children. If we divorced, he wouldn't be able to get all that back -- the only thing he could force would be a refi of the vehicle loan, which I'd do anyway.
It's called a cost of doing business.
| BeachBabeRN |
| (Carpal \'Tunnel) |
| 10/15/07 03:18 PM |
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Re: Sticky situation
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BTW, hurricane503, in Virginia, debts are not always split equally, even if they were incurred during the marriage.
Generally, each person assumes their own debt **credit cards, vehicle loans, etc** that are in their own name. The exception to that is if the person that made the charge can prove that it was to the benefit of the other partner -- specific supplies for a job or profession **I'm a nurse, my husband has no need of my scrubs, stethoscope or trauma shears** I have no use for his weapon or the cleaning kit, the holster, etc.....he's in corrections.
Things purchased on credit like furniture, a new roof on the house, an addition to the house ARE definitely marital property but the only thing that would be split would be the furniture -- the other things are permanent addtions and as such, MIGHT be accounted for in a property settlement -- but if a house is sold, both partners usually split the equity in the proportions set forth by the court. One person will NOT recoup the money spent for a roof or an addition -- those things are supposed to generate a greater purchase price, therefore a greater amount of equity in a sale.