Married less than year, together 3. We moved into a bigger house (renting) after marry. He has been staying at him moms weekend for about a month and is now taken most his stuff & moved back to his mom. Says he does not have to pay rent for our home (still in contract to March) because he is leaving. I was the breadwinner in our home first 2 years together. He has been employed the last year and I have been a housewife with limited income. I cannot afford debt & living cost alone & I know he is doing this to be hurtful. Most of our $100,000+ debt is in my name including his truck (bought 6 months ago) that is 1/2 the debt & he took with him. What is best action to protect myself now? I know I will need a lawyer! Legal separation? any emergency action I can request?
Yes, you should hire a lawyer, or talk to the good people at Legal Aid Center of Southern Nevada if you can't afford one (702-386-1070). Generally speaking, assets and debts that came before marriage belong to the person who acquired them. Assets and debts acquired during the marriage belong to both parties. If he takes the truck, then he takes it along with the debt. If he is on the house lease, then he's equally responsible for paying the rent, even if he's no longer living there. But given you've been married less than a year, he will probably not be responsible to paying you any support. But to get a good answer, talk to an experienced family law attorney. They can get the details and give you advice tailored to your needs.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
I agree with Mr. Pickard regarding the concept of community property and debt. To add to his response, if you need Court intervention to ensure your spouse contributes to the rent, car payment, debts, etc., you would need to file a Motion on an Order Shortening Time. You can file the Motion after you've filed the action for divorce or legal separation. There is no guarantee the Court will grant the Order Shortening Time, if it isn't granted your hearing will usually occur 45-60 days AFTER the Motion is filed.
As to that issue, in both a divorce and legal separation the Court will divide assets and debts; grant alimony; etc. In my experience, client's decide to file for legal separation over a divorce if there is a belief the marriage can be repaired or there is a need for health insurance to continue.
Also, in my experience most of the Judges are going to order you to complete a work search and seek gainful employment. I would not wait, I would start doing it now. You need a record of each and every place you apply, until you obtain employment; and you maintain a list of the outcome and follow up for each position until you obtain employment. Most Judges require you to apply 5-10 places per day until you obtain employment. You can apply on the internet, in person, use a headhunter, etc.
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