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    jasmith1216's Avatar
    jasmith1216 Posts: 4, Reputation: 1
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    #1

    Aug 28, 2010, 10:44 PM
    My husband and I are separated, can I be held liable for his debts?
    My husband and I have been separated for over two years. When we separated, we did Quit Claim Deeds. He got the business property and I got the resident property. He found out recently that his health is deteriorating. Can I be held responsible for his debts?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 29, 2010, 04:30 AM

    If the separation was legally done, no.
    jasmith1216's Avatar
    jasmith1216 Posts: 4, Reputation: 1
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    #3

    Aug 29, 2010, 10:19 AM
    We don't have separation papers. He was just interested in getting the business so he could sell it.
    The only way to do that quickly was the Quit Claim Deeds. He left me so far in debt that JESUS will return before I am able to pay off everything. I can't handle any more debts/bills, not even for my son and myself. I am doing all that I can do to keep my head above water to support my son and myself.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 29, 2010, 11:19 AM

    Then you need to make your separation legal!
    jasmith1216's Avatar
    jasmith1216 Posts: 4, Reputation: 1
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    #5

    Aug 29, 2010, 03:45 PM
    It is my understanding that the state of North Carolina does not recognize Separation Papers. I can't afford to get a divorce right now. What are my other options?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 29, 2010, 03:48 PM

    You can try posting a public notice in your local paper that as of x date you are no longer responsible for the debts of <insert his name>.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 29, 2010, 04:54 PM

    And if there is a loan on either property, a quit claim deed does not take away the others obligation on loans, so if the others name is on the loan papers the quit claim deed does not take away one penny in liability.

    And perhaps you can't afford not to go ahead with the divorce, if you and he agree to all terms, it is not that costly.

    Also remember even the divorce on things like car loans, home loans and the such, does not take away the liability of the other to pay, it only allows you to go back after the other if they don't
    jasmith1216's Avatar
    jasmith1216 Posts: 4, Reputation: 1
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    #8

    Aug 30, 2010, 04:32 PM
    Thanks. I will try the ad suggestion, but does the ad need to also be in a newspaper where he lives, since he lives in another state. As far as the properties go, he sold the one (business) that he got and the loan for the residence is in my name only. He just signed giving permission for the land to be included in the loan. The loan company stated that he had no responsibility to repay the loan.

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