Confusedaz
recently joined
Reged: 01/19/12
Posts: 4
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General situation:
My ex filed for divorce, and under the section for community debts all my ex wrote was: "There by a fair and equitable division of the marital"
Also, my ex marked that neither of us had any debt prior to the marriage, but we both did.
All of the debt incurred after we got married was in separate accounts. We did NOT have any joint accounts.
Questions:
Is it reasonable for me to request that we each pay for the debts in our names (I pay the accounts in my name and vice versa). If so, what is the best way to word that (is there any specific 'legalese' I need to use to make my request clear)?
In regards to her marking that we [i]Did Not[/i] have debt before the marriage when we [i]Did[/i]: Will I need to provide bank statements? How much of a wrench will this throw into my plans of a smooth divorce?
Any and all advice is appreciated.
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Renny
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Reged: 09/24/11
Posts: 479
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You don't mention what state you are in. Assuming you were served with a complaint, the allegations are just that. File an answer and counterclaim giving your side of the story. What winds up in the settlement agreement and final judgment is what counts.
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Confusedaz
recently joined
Reged: 01/19/12
Posts: 4
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Sorry about that. Arizona is the state. I was served with dissolution of marriage without children.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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Is it reasonable for me to request that we each pay for the debts in our names (I pay the accounts in my name and vice versa). If so, what is the best way to word that (is there any specific 'legalese' I need to use to make my request clear)?
---> Sure...as long as it is fair and equitable.
---> You don't need any fancy 'legalese'...just say: "The parties have agreed to continue to pay the debts listed in their names. Said debts are listed and are attached hereinto by reference." Then attach a sheet listing the debts and who is paying what.
In regards to her marking that we [i]Did Not[/i] have debt before the marriage when we [i]Did[/i]: Will I need to provide bank statements? How much of a wrench will this throw into my plans of a smooth divorce?
---> This question is important insofar as Arizona is a community property state. Generally speaking, debts and assets obtained prior to the marriage are considered to be 'sole and separate' property and are not subject to marital distribution. BUT...if the debts/assets are co-mingled, then it can become a different story so more information is going to be need. Such as...what was the type of debt(s), has the debt been paid off, how was the debt paid, etc.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Confusedaz
recently joined
Reged: 01/19/12
Posts: 4
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Thank you guys for the advice.
Unfortunately, trying to get the ex to agree on anything is a bit like trying to reason with a toaster. I don't know if the ex will go one way or the other in terms of us paying off our own debt. Also, I don't have access to a listing of the ex's debt. I didn't handle any of the financial aspects of the relationship (bad idea, hind sight 20/20).
I believe the "sole and seprate" idea applies here. Car loans for vehicles obtained before the marriage, and a credit card for each. All were obtained and being paid off before the marriage. Ex's car loan and credit card debt got refinanced into one loan. I'm still working on paying off both the car loan and credit card.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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It is my recommendation that you get an attorney if you don't already have one. While your vehicle loan and credit card debt, in light that ya'll kept your finances separate, would qualify it for 'sole and separate' property...their is potential for her consolidation loan...taken out during the marriage...to muddy the waters. There is also the issue that you have no idea of what her finance situation is and you'll need the 'discovery' process that an attorney can provide to literally protect your ass[ets].
And even though you maintained separate financial accounts, ya'll were still married which means there exists the potential for 'marital' assets/debts.
Example...you both had fully furnished 'homes' prior to marriage. It would be normal in the course of combining 'homes' for a couple to decide to keep one person's furniture and get rid of the others or to get rid of both and purchase new. In the former...even though it was 'your' furniture or 'her' furniture to start with...it is now considered 'community property'. In the later...said is community property.
Example...you go out an buy a 56" HD flat-panel plasma whatever TV. Even though YOU paid 100% for it...it may or may not be considered 'community property'. On the other hand...the lap that you bought and paid 100% for and use 100% would most likely be considered 'sole and separate'. However, if you bought her a laptop, even though YOU paid for it, it would be considered a 'gift' and be HER 'sole and separate'.
Again...get an attorney.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Confusedaz
recently joined
Reged: 01/19/12
Posts: 4
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Thank you again for your help.
I had started saving up in case it came to needing an attorney. Murphy's law?
Edited by Confusedaz (01/22/12 03:34 PM)
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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I had started saving up in case it came to needing an attorney. Murphy's law?
---> Or perhaps just common sense.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Total up debts figure out a somewhat equal division with respect to property settlement. The bigger issue is joint debts. If one does not pay, it falls to the other debtor if they are obligated by contract, Protection language is required.
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