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What will I lose
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Reged: 05/21/07
Posts: 760
Loc: PA
Re: now it's hitting the fan...maybe it's started [Re: Samsung]
      #186433 - 03/13/08 09:57 AM (12.76.85.6)
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[quote]I have a new suggestion. Leave everything behind, move to Europe, and start over. No divorce, no alimony, no problems.

P.S. Make sure the county you move to does not recognize U.S. family law.

*Disclaimer* Not Legal Advice! [/quote]

you must have not been following the story where I don't want to be inconvenienced by all this :) your idea is the exact opposite of it. now if you can get my wife to move, that would be great

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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.


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stoltz
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Re: now it's hitting the fan...maybe it's started [Re: What will I lose]
      #186452 - 03/13/08 11:11 AM (32.97.110.142)
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=============================================================
hmm this sounds like it will benefit me. I have over 5K on our one visa and have to use 2K on our other to hire an atty. If you are saying all debt is joint, this is great news as she will have to pay half of mine too! Plus with her limited income and BK, i doubt they would give her a big credit limit anyway.
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Don't get excited just yet. CC companies could care less about a divorce decree and will come after the person who's name is on them for any outstanding debt. I know - it happened to me. My 1st wife and I split our debts and she was supposed to pay the debt on a CC that had my name on it. About 6 months later, the CC company was beating down MY door for money. It ended up tainting my credit, too. I eventually had to get my ex to sign a form saying she was solely responsible for the debt, and send it to the CC company. Imagine how pleasant that ordeal was.


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What will I lose
Platinum


Reged: 05/21/07
Posts: 760
Loc: PA
Re: now it's hitting the fan...maybe it's started [Re: stoltz]
      #186472 - 03/13/08 12:28 PM (12.76.85.6)
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[quote]
Don't get excited just yet. CC companies could care less about a divorce decree and will come after the person who's name is on them for any outstanding debt. I know - it happened to me. My 1st wife and I split our debts and she was supposed to pay the debt on a CC that had my name on it. About 6 months later, the CC company was beating down MY door for money. It ended up tainting my credit, too. I eventually had to get my ex to sign a form saying she was solely responsible for the debt, and send it to the CC company. Imagine how pleasant that ordeal was. [/quote]

well i dont mind paying it all..if i get to keep the stuff that it paid for or i used..but if i can use the fact that debt is joint and get a credit for 1/2, i may as well!

she has zero debt in her name alone...zero..nada...

and we already did BK so credit cant get much worse than that. Only have high 600 scores anymore.

--------------------
call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.


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stoltz
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Re: now it's hitting the fan...maybe it's started [Re: What will I lose]
      #186482 - 03/13/08 01:05 PM (32.97.110.142)
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High 600's??? And you don't care about your credit? High 600's is good and on the verge of being excellent. And, again, just because a judge says it's her debt at divorce doesn't preclude the fact the CC companies will still come after you. I guess I'm not following your line of reasoning here. What is it you are REALLY asking here?

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What will I lose
Platinum


Reged: 05/21/07
Posts: 760
Loc: PA
Re: now it's hitting the fan...maybe it's started [Re: stoltz]
      #186488 - 03/13/08 01:11 PM (12.76.85.6)
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[quote]High 600's??? And you don't care about your credit? High 600's is good and on the verge of being excellent. And, again, just because a judge says it's her debt at divorce doesn't preclude the fact the CC companies will still come after you. I guess I'm not following your line of reasoning here. What is it you are REALLY asking here? [/quote]

of course i care about credit but isnt it safe to assume that since i did BK that my credit is at its lowest point and really cant get much worse? what is worse than bankruptcy?

plus since she literally has no credit cards in her possession now, she cant charge anyway so the point is really moot. If she gets new under her own name, i think any reasonable judge would say the stuff she puts on there is hers.

plus what everyone is forgetting is she doesnt get out to do anything, doesnt shop, doesnt pick up the phone, doesnt do mail order..nothing...so i dont think i have to worry about a spending spree, its her that will have to worry about when i take out the money for the D on the visa, but as i always said, i have no issue paying that back because it's mine.

--------------------
call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.


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stoltz
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Re: now it's hitting the fan...maybe it's started [Re: What will I lose]
      #186499 - 03/13/08 01:38 PM (32.97.110.142)
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=============================================================
of course i care about credit but isnt it safe to assume that since i did BK that my credit is at its lowest point and really cant get much worse? what is worse than bankruptcy?
=============================================================

High 600's is NOT low. Mid-500's is low. I am not well versed WRT bankruptcy and all it entails, so I cannot comment about it, specifically. It was my understanding a bankruptcy adversely effects your credit, but my understanding is it would drop it down significantly moreso than the high 600's (more like in the 500's).


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plus since she literally has no credit cards in her possession now, she cant charge anyway so the point is really moot. If she gets new under her own name, i think any reasonable judge would say the stuff she puts on there is hers.
============================================================

What I'm saying is that if you two untie the knot and the decree says she has to pay for your CC debt and doesn't, they'll come after you. If you do not pay and she does not pay, they WILL give it to a collection agency and it WILL adversely affect YOUR credit.


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What will I lose
Platinum


Reged: 05/21/07
Posts: 760
Loc: PA
Re: now it's hitting the fan...maybe it's started [Re: stoltz]
      #186521 - 03/13/08 02:57 PM (12.76.85.6)
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ok gotcha, they i need to file in small claims against her to ding her credit...understood

--------------------
call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.


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gigi
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Re: now it's hitting the fan...maybe it's started [Re: What will I lose]
      #186536 - 03/13/08 03:44 PM (68.110.69.37)
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I know the Tivo is for her enjoyment. But it's joint funds that are being spent on it (oh, by the way, JBar is right about one thing, it has to be spent for marital purposes... so a divorce lawyer retainer on credit si NOT going to be a joint debt that she has to share in paying, but miscellaneous $5K on your credit card for expenses of living, she WILL have to pay part of.

Here's the problem... that $5K on your credit card will be more than offset by the debt SHE runs up to support herself if she moves out and gets someone to give her credit for support rather than learning to live within her means. If there si a credit card in her name with starbucks & grocery bills and etc., that WILL be marital purposes and You WILL be stuck with it... because one marital purpose is to support the parties, put a roof over their heads, etc.

I'm kind of getting the idea that you agreed to pay for the house and utilities and she would use her social security to pay for food and fun, and so that's great as long as the two of you are together and your fun equals her fun and your FUNDS support the basic utility needs, but they DON"T any longer ... the Tivo is still in the house even though the house is too cold for her.

You need to re-arrange your thinking about this and EITHER re-negotiate your agreement between teh two fo you on how your money is used to support yourselves OR you need to approach every discussion with the jduge with the explanation tht the Tivo is hers, she pays for it, and she CHOOSES to pay for that rather than to help you with the heating bills. THAT would be a reasonable way to explain it.

But of course to prove that you are being truthful about it, it would help if you INFORMED your wife that this is the choice being made. If she complains about being cold and asks for the heating pad, tell her that you are more than willing to turn the heat in the house up if she will help pay for it. When she says seh can't afford it, just explain that the Tivo and cable bills are unnecessary (I KNOW, you don't WANT to give them up. PLEASE understand that this is just a bluff!) ENCOURAGE her to turn the heat up if she is all that cold.

You dont' seem to understand that you're fighting an uphill battle if you START with a woman who says that you, the husband, are neglectful of her daughter. No one will care that she's a dirty old woman who goes to gamble & doesn't want to go to the emergency room with you. They'll hear her side of the story and ...

Look, it's just a whole lot BETTER if you'r elooking for ways to set things up to your advantage (and not by selling the hous eand moving out of the country), if you TRY to keep your nose squeaky clean.


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Samsung
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Re: now it's hitting the fan...maybe it's started [Re: What will I lose]
      #186571 - 03/13/08 08:16 PM (71.214.149.56)
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It sounds more to me like you are frozen into one mindset. Leaving would well....leave it all behind. There's nothing to think, or freeze about then.

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jbar
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Re: now it's hitting the fan...maybe it's started [Re: stoltz]
      #186639 - 03/14/08 12:58 AM (68.88.199.230)
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===========================================================
Don't get excited just yet. CC companies could care less about a divorce decree and will come after the person who's name is on them for any outstanding debt. I know - it happened to me. My 1st wife and I split our debts and she was supposed to pay the debt on a CC that had my name on it. About 6 months later, the CC company was beating down MY door for money. It ended up tainting my credit, too.
===========================================================
Just to keep the record straight, "agreeing" to a certain split of debt or even having it ordered by a court may still get either or both parties sued by the CC company for all of it. If you don't want to pay the part that was "incurred" by your wife, however, and if it can be shown that she was the party making the purchase, in Texas you shouldn't have to.


From the Texas Family Code:

Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. (a) A spouse's separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.
(b) Unless both spouses are personally liable as provided by this subchapter, the community property subject to a spouse's sole management, control, and disposition is not subject to:
(1) any liabilities that the other spouse incurred before marriage; or
(2) any nontortious liabilities that the other spouse incurs during marriage.
(c) The community property subject to a spouse's sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage.
(d) All community property is subject to tortious liability of either spouse incurred during marriage


This is an important point to remember if a man is "lucky" enough to live in Texas.

Edited by jbar (03/14/08 01:16 AM)


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