I remarried last July. I gave up 3 years of alimony and had a total debt of $41,000 in taxes, I had saved $25,000, and now looking at less than $10,000 that I owe. Upon my fiancé advice I took out a home equity loan to make repairs to my home to either sell or rent. When it looked like it would sell he advised me to take out another $10,000. During the entire dating, getting engaged, getting married he said none of this was a big deal, it's just money, we will be fine... etc. I originally said I would like to date for 4 years as with my salary, alimony etc. I would be financially be able to not only pay back my taxes but make the necessary repairs to my home.
He (we) now want a divorce - 1 1/2 years later. NOW, he is stating that I am a 50 year old woman with xx amount of debt that he had nothing to do with. I have emails and texts that show him advising me to take out the loans etc and all will be fine. My concern is that I cannot afford to rent anything due to all my loans (taken out after I married him) can he be held responsible for any of the debt he advised me to take on in order to marry him so I can at least live with my daughter away from his verbal abuse?
If the spouses are unable to agree on a division of marital property and marital debt, a judge can decide for them by the process of equitable distribution upon granting a divorce in Virginia. Both separate property and marital property, and separate debt and marital debt are defined in Virginia Code Section 20-107.3. In general, separate debt is debt incurred by either party before the marriage or after the last separation, and any portion of marital debt incurred for a nonmarital purpose. In general, marital debt is debt in the parties' joint names and debt incurred during the marriage before the last separation. With regard to debt that would otherwise be considered separate debt, if a party can show by a preponderance of the evidence that the debt was incurred for the benefit of the marriage or family, the court may nevertheless designate the debt as marital.
As you can read, there is considerable room for argument in these types of issues, which are fact specific. It is important for you to consult with an experienced Virginia divorce lawyer to discuss your particular circumstances, your options, and the best course of action.
The foregoing is intended to be general legal information concerning Virginia law based on the scenario as written and not legal advice to anyone in particular. The information provided should not be relied on as legal advice or as an appropriate basis for any legal action, and it's provision does not establish an attorney-client relationship with the reader. Information shared or provided on a public forum is obviously not confidential or private. Every situation is unique and you should always immediately consult with a Virginia attorney to discuss all your options in light of your particular circumstances before acting.
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