Thread: Sad day
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Old 02-05-2017, 10:02 AM
  # 44 (permalink)  
Nata1980
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Join Date: Jun 2016
Posts: 773
Originally Posted by LexieCat View Post
What you might want to do is to ask the court to give you other property to compensate for his share of the debts. Debts are part of property division. Each item of property (or liability, like a debt) does not have to be divided 50-50. I'm not sure how much debt we are talking about, but you could point out to the court that he has expressed an intention to pay NOTHING, so to protect your own credit, you would prefer to take on the debt and receive other property in lieu of his share. That's completely doable, provided you have enough other property to offset it.
This is exactly what I did - I retained all of the joint debt AND all of the equity in the house. Similar situation to yours - XAH with no credit and no property to his name

Now, you have no equity in the house (upside down) so I'd say definitely go for split debt. Worst case scenario you will end up paying for all of it anyway. If he does not pay - you may or may not file a motion - it will be your decision.

Just taking on debt is allowing him to escape consequences.
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