MC1

Jun 26, 2020

Question #63

I have been married for four years in New York. Two months ago my husband left me he is now living with his parents. I am curious about how you go about filing for a legal separation and then a Divorce. Also, I have student loans that were acquired before the marriage is he responsible for those payments? We also have a car loan and several credit cards that are primarily in my name with him as a cosigner. We have called the credit card companies to see if we can change the bill to his name, and they will not do it. He has tried to get a loan in his name to consolidate these bills, but they will not give it to him because of bad credit. What can I do so that I am not left with all of the debt? Also, if I were to find out that he was with another woman that is adultery, and how is that different from abandonment?

Jun 26, 2020

Question #168

My husband has asked for a divorce. After some significant damage to my credit due to my ex’s financial irresponsibility, I am seeking a legal separation until the divorce is final (which may be a while). I understand that the legal separation will not remove my name from accounts, but can I use the legal separation to prevent or remove missed payments and defaults from hurting my credit further? The vast majority of our debt is my husband’s debt, but some of it is in my name. If the legal separation stipulates he is responsible for the debt, regardless of whose name is on the account (credit cards mainly), can I still be held accountable for payments that he misses or makes late to accounts that are in my name? Will a legal separation do me any good? Is it worth paying the extra legal fees for the separation? Thank you for your help! [Continuation of the previous Question] Thank you for the information, but I have just one more question for you. I understand that my name will not be removed from the loan and credit cards, and when my husband pays the payments late or not at all, it will go on my credit unless I pay the amounts myself. My question is, can I take a legal document, i.e., legal separation or divorce decree that states I am not responsible or liable for the debt to the credit bureaus and have the late or missed payments removed from my credit report? Is there any way to protect my credit without having to just pay for everything my self? I was told the only way to protect my credit truly is to pay off the debts myself and then sue my husband to be reimbursed for the money. Is that true? Thank you for your time!!!

Jun 26, 2020

Question #239

Hi, I live in NYS. My wife and I have been married for 23 years, and we started legal separation proceeding in the past month (Nov 14th). We use the same credit cards, checking account, etc. If, after Nov 14th, she goes out and purchases items (computer, shoes), takes excessive money out of the bank account, may I responsible for 50% of these costs? These items are not needed for home etc.

Jun 26, 2020

Question #149

My father passed away on Oct 28, 2005. He had not lived with his second wife for almost 12 years before he passed; My dad was sick, gave me power of attorney, and told me what he wanted to do with the money from his life insurance policy (which was to distribute it amongst myself and my three other siblings.) After his death, I found out that I was not on the life insurance policy as a beneficiary, but he never removed his second wife from the policy. After that much time apart, are they considered divorced due to abandonment? If they are divorced, what do I have to do to stop her from getting the money?

Jun 26, 2020

Question #76

I have been divorced since 1996. At that time, my husband and I had purchased a home, and I agreed to give him the house. As part of the settlement, he reimbursed me for a disbursement from my 401k plan which we used as a down payment on the home. I signed a quitclaim deed on the house. At that time, I did not know enough about mortgage loans to realize the importance of insisting, as part of the settlement, that my ex refinance the loan in his own name. Now, many years later, the loan still appears on my credit. Now he is behind on his payments, which has had a substantial adverse effect on my credit. Can I sue him and force him to refinance in his and his current wife’s name? Can I force him to sell the home if he can’t refinance due to his payment history? (The house has increased in value significantly since our divorce, and I am not seeking any money, just to be taken off the loan) I am also still on a credit card, which he is behind on. Refinancing would give him enough cash to pay off the credit card. Is suing a viable option? What happens if the mortgage forecloses or he declares bankruptcy? Thanks for your attention.

Jun 26, 2020

Question #323

My husband and I have been married 20+ years and have adult children. We both work and have roughly equivalent incomes. At my request, he has agreed to move out of our marital home, which we own together, and he now rents an apartment. As of this writing, we have no formal separation agreement or divorce action. I claim he should continue to help pay the mortgage, as he continues to have rights to the accruing equity, and he shares equally in debt. He claims that since he vacated our marital home at my insistence, I am now solely responsible for the mortgage. Who’s right???

Jun 26, 2020

Question #144

My husband and I are heading to divorce after nine years of marriage. Domestic Violence, alcoholism, and affairs (his) have been constant. I am due to receive a significant settlement for an employment discrimination lawsuit I filed. I have been advised to file for divorce before completing the actions necessary for me to receive the compensation. A few months ago, my husband ‘found’ an attorney to handle the settlement process for me. This attorney drafted a retainer that listed my husband and me as clients, yet specified therein that both the lawsuit and settlement check is/will (be) in my name (only). Advice? We are in New York State.

Jun 25, 2020

Question

My father had not lived with his second wife for almost 12 years. After his death, I found out that I was not on the life insurance policy as a beneficiary, but he never removed his second wife from the policy. Would that be considered abandonment and statutory divorce?
If they were deemed divorced, can I stop her from getting the money?

Jun 25, 2020

Question #227

Hello, I received monies from my mother’s life insurance policy a couple of months ago. The money has been sitting in a total control account solely in my name. My husband and I are about to file for divorce. I have read that he is not entitled to any of my inheritance as long as the account is separate, but is money received from a life insurance policy considered inheritance?

Jun 25, 2020

Question #89

My parents have been married for 32 years. They are miserable and should have been divorced 30 years ago. They stayed together for my brother and I. My father was emotionally unavailable and verbally abusive our whole lives. My mother wants to leave him but is fearful of how she will win a divorce case with him. She inherited money from her father that is left in her name only. She could survive on this alone but is fearful he will take it in the divorce. How would this work, and how can she be protected. She is 60 years old and scared. Any advice would help us. Thanks.

LEONARD M.WEINER, ESQ, Ph.D.

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Question #63

Question #168

Question #239

Question #149

Question #76

Question #323

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Question #227

Question #89