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bmjabber2
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Reged: 05/16/07
Posts: 4
NJ - When does his charges really become "his"?
      #235697 - 05/16/07 06:21 AM

My husband left me for another woman and I caught charges for a motel, restaurants, etc on a charge card that is in his name, but we both used throughout our 8 year marriage.

I am worried that these expenditures could mount tremendously and I'd be responsible for half of them at the time of the divorce.

I don't believe a judge or mediator would go through each charge to determine who charged what.

If he gets another charge card in his name only at this time and I don't use it at all, will that relieve me of paying 1/2 of his bills that are charged on this card?

We haven't filed yet.

How can I protect myself?

Thanks


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Melody
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Reged: 06/02/04
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If you are still legally married, [Re: bmjabber2]
      #236081 - 05/16/07 06:36 PM

and not legally separated at this time, then all charges made on a joint credit card are considered joint debt. Until some legal paperwork is completed and filed to declare that you are legally separated, then he can continue to make charges that you will be held jointly responsible for.

There's no way a court is going to waste time looking over each and every expenditure to determine who it rightly belongs to. As long as you are married, then it is joint debt. If you file the papers, then anything charged AFTER that date becomes your separate debt and can be tracked to that individual when it comes time for financial settlement. Best to close out joint accounts and open individual accounts at that time.


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matilda
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Reged: 11/11/04
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Re: If you are still legally married, [Re: Melody]
      #236190 - 05/16/07 08:21 PM

It depends upon your state. Some states allow the spouses to have separate credit and obligations. I would recommend calling the CC and having any joint accounts closed. I would apply for a separate credit card and not use any with his name on it. When the divorce happens many judges will not sort out CC bills to determine who owes what, so keep everything separate. Having separate accounts will increase the likelihood that he is liable for CC's in his name. I'd also look into joint bank accounts as well. I'd talk to an attorney about taking half of the money from joint accounts and opening accounts solely in your name. He might start draining bank accounts to help pay for his fling. I highly suggest getting some free consultations with attorneys. Don't hire the first one you speak with, rather interview several and pick the one you are most comfortable with.

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yregna
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Re: NJ - When does his charges really become "his"? [Re: bmjabber2]
      #239664 - 05/23/07 05:47 PM

I'm cheering for the ex, hope he takes you for a ride...

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


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Maury
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Re: NJ - When does his charges really become "his"? [Re: yregna]
      #239767 - 05/23/07 09:09 PM

Actually, if the expense is for a significant other and not family use, you can present that in court and it is not an expense that would likely be divided. Keep careful records. It is called a dissipation of marital assets.

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