What can I do if my husband is trying to file for divorce but is trying to leave me with his debt?
3 attorney answers
Just based on the facts you relate, it is difficult to give you specific advice about the various assets and debts. The basic rules are that assets acquired and debt incurred during marriage belong to the community. Property and debts in place before marriage are separate, as are property acquired by gift and inheritance during marriage, as well as property acquired and debts incurred after marriage. Things can get fairly complicated when, as apparently happened in your case, you had a house before marriage that was refinanced during marriage and refinanced again after separation. It very well an expert to figure out who owns and who owes what from that series of transactions, not to mention your husband's obligation to reimburse the community for the rental value of the house if it is community property. Your list of questions reminds me of fact patterns in law school exams where you were graded on analysis of complicated fact patterns.
Do not rely on your Husband's analysis of your rights. It does not appear to be correct. Do not negotiate with him either. There are enough valuable assets and enough complicated facts and legal issues not to hire a good family law lawyer now.
Ms. Waxman is correct but there are other considerations. You really need the help of an attorney. You have huge misconceptions here. Did you know that this "new" house is probably a community property house along with the equity line of credit. The other house might also be a CP house or there is probably a CP interest in that old house. You also have a CP interest in the food truck business. You might have CP rights in the cars and in the 401K. That is why you really need help from a family law attorney here. DON"T sign off on anything.
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