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Divorce question

What happens in the situation when a couple divorces and their house is in foreclosure well actually they have to be out of their house by February 4.
I told them They could borrow my trailer to move stuff as far as I know they're not filing for divorce yet but what is the common procedure with that?
I'm thinking they pretty much have nothing no assets and they are dividing stuff out as they are packing up to leave the house I don't know I'm just curious how does the divorce work when there's nothing to liquidate.
I guess I'm more concerned with the debt is it divided equally 50-50 she owes & he owes half years half?
Okay well one of them is my brother and I'm just worried he's going to get stuck with all this debt...
Thanks

 
Anonymous

Asked by Anonymous at 9:19 AM on Jan. 15, 2013 in Relationships

This question is closed.
Answers (12)
  • no divorce yet, when they file all past and present assets and bills will be divided
    maybe not an old school loan before marriage, but other than that, old debt before marriage sometimes becomes both debts when you marry

    all debts when married will be split down middle
    imo
    fiatpax

    Answer by fiatpax at 9:28 AM on Jan. 15, 2013

  • It depends on your state but since they are dividing up the contents of the house, that will not be an issue.
    Debts previous to the marriage generally go to the person who incurred them.
    Most debts would be split 50/50 but not necessarily.

    If they try to do the divorce for less (not involve lawyers and court) then it will be what they workout between themselves. But whatever he agrees to and is filed with the court is his debts to pay regardless of whether it is fair.

    I suggest he sit down and first decide if it is worth the cost of an attorney and court costs or if they can sit and work the division out with or without a mediator.
    Then he should list out all the debts and what he feels he should be responsible for and why.
    Such as Past due rent payment 1/3 and 2/3 because her mother was living there too.
    Dardenella

    Answer by Dardenella at 12:27 PM on Jan. 15, 2013

  • It depends. If they can agree to split it equally then they should. I paid all the debt from my marriage to my ex because he refused and I just wanted it over and done.
    If they go to court it might be split differently based on incomes.
    missanc

    Answer by missanc at 12:49 PM on Jan. 15, 2013

  • They should file bankruptcy while still a married couple.
    PartyGalAnne

    Answer by PartyGalAnne at 8:21 PM on Jan. 15, 2013

  • I guess I should add they have no children and this divorce is been many years coming it's not like oh we lost the house we have to divorce. It's actually him, his wife, her son from a previous marriage and I guess is stepgranddaughter it would be to my brother. well when I bought this new house the son and the wife promised him they would continue to work and help him pay this over. $1100 house payment every month. Well needless to say they haven't worked in years and my brother has been from job to job trying to keep the house. That's not to mention that the house filthy disgustingly dirty and both of these adults sit at home all day. Besides some other marital issues I think this was the icing on the cake and they're separating. I can't honestly say I'm not happy about this I hope my brother can restart his life and be happy again.
    Anonymous

    Comment by Anonymous (original poster) at 9:26 AM on Jan. 15, 2013

  • JCP 0 and 100% because I told her no more credit cards and she got it and ran it up
    Auto Zone CC 100% and 0 for my car
    Electricity 50 / 50

    etc

    Then he is prepared going into the negotiations.
    Dardenella

    Answer by Dardenella at 12:30 PM on Jan. 15, 2013

  • They can go to legal aid and get it done for free. It's always easier to split the bills before but if not the judge will divide them evenly or proportionate to each's income
    Anonymous

    Answer by Anonymous at 2:42 PM on Jan. 15, 2013

  • What if neither of them have an income? no credit.
    They've both been out of work or he's been the only one trying to pay the bills. Now, I'm afraid that he'll be screwed because he's been trying to pay the bills. While she has done nothing.
    Anonymous

    Comment by Anonymous (original poster) at 7:16 PM on Jan. 15, 2013

  • I think, they did that a few years ago - is there a time limit?
    Anonymous

    Comment by Anonymous (original poster) at 8:22 PM on Jan. 15, 2013

  • No idea beyond asking a lawyer.
    booklover545

    Answer by booklover545 at 6:06 PM on Jan. 16, 2013

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