If he is not on the account he is not responsible for the debt, even if he made charges. If the charges were made without the consent of the account holder he could be guilty of a fraudulent act. Whoever's name is on the account is the one who owes the debt.
A shaky issue. Likely as not, you are on the contract for these debts with your exspouse. The court that granted your divorce separated you from the debt, and only the courts can legally break a contract when both parties do not agree to it. You have the recourse to appear in court if the creditors attempt to sue you and produce the order from the divorce court indemnifying you. Likely as not the presiding judge will honor the order from the divorce judge, and the creditors will have no option at that point but to pursue your exspouse. Be prepared to cooperate with the court if the judge requests any location or asset information on your exspouse from you. This can only help your case.
Divorce Decrees never supercede the original card holder contract. If it was a joint account, you better find a way to get your name off of it before it gets ugly. Doesnt matter what the judge rules...the creditor can still sue you if you dont continue the Terms of the Contract.
Having a Health Savings Account (HSA) during a divorce can have implications on how the funds in the account are divided between the spouses. It is important to consider the ownership and contributions to the HSA during the marriage, as well as any agreements made during the divorce proceedings regarding the division of assets.
Getting a divorce can impact your Health Savings Account (HSA) if it was jointly owned with your spouse. In most cases, the HSA funds will be divided as part of the divorce settlement. It's important to consult with a financial advisor or tax professional to understand the specific implications for your HSA during a divorce.
There is a big difference between being responsible for something and being legally liable for it. Certainly, in your question, you would not be responsible. Whether you have legal liability depends on whether the account in question is a joint, or co-signed account. If it is, you are liable for the debt until it is paid in full. You need to find out the exact status of this debt. The creditor may be able to tell you. Your liability will be determined by the original contract that was signed when the account was opened and has no bearing on your marital status.
A shaky issue. Likely as not, you are on the contract for these debts with your exspouse. The court that granted your divorce separated you from the debt, and only the courts can legally break a contract when both parties do not agree to it. You have the recourse to appear in court if the creditors attempt to sue you and produce the order from the divorce court indemnifying you. Likely as not the presiding judge will honor the order from the divorce judge, and the creditors will have no option at that point but to pursue your exspouse. Be prepared to cooperate with the court if the judge requests any location or asset information on your exspouse from you. This can only help your case.
In Minnesota, a divorce should not affect a child's savings account for college in a divorce.
The judge in your divorce case would make the determination on when you spouse needs to remove their things from the home.
The term a "Texas divorce" means no-fault divorce. Which means neither party is responsible for the divorce, so no party is responsible for paying alimony.
the one responsible for medical bills, i think its the one who was responsible before the divorce process commenced......
Both parties in a divorce must follow the provisions of the Divorce Agreement that was approved by the court.
Quite often, yes.
Divorce Decrees never supercede the original card holder contract. If it was a joint account, you better find a way to get your name off of it before it gets ugly. Doesnt matter what the judge rules...the creditor can still sue you if you dont continue the Terms of the Contract.
Hopefully, you had a divorce lawyer. You should ask your lawyer about the meaning of that clause. Your lawyer will have the entire divorce decree and not just the sentence you quoted. It may mean after your divorce, it may mean after a particular date, or it may refer to the fact that the two of you kept separate finances and your partner ran up large debts without your knowledge. Check with your lawyer.
Review the divorce decree. It typically specifies who is responsible for the debts of the couple. Their estate has to resolve the debt if it was assigned to them.
In Arizona, divorce debt is typically divided equitably between spouses. Both parties are responsible for debts incurred during the marriage, regardless of whose name is on the account. It's important to understand your legal obligations and work with your attorney to ensure a fair division of debt during the divorce process.
When a divorce proceedings are in process the court can freeze a bank account. The court has the option of freezing accounts to ensure the proper division of property.