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    spiderman11111's Avatar
    spiderman11111 Posts: 1, Reputation: 1
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    #1

    Oct 16, 2008, 02:36 PM
    Marital debt
    Hi I would like to know that when you are married and one of the person get loans in their name with the spouse's permission but benifited most from it is they responsible for as well when getting devorice
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 16, 2008, 02:53 PM
    Quote Originally Posted by spiderman11111 View Post
    Hi i would like to know that when you are married and one of the person get loans in their name with the spouse's permission but benifited most from it is they responsible for as well when getting devorice


    I'm not sure I understand the question. Husband and wife have a joint loan? One got more benefit from the loan than the other - perhaps they bought a car with the loan - and now they are getting divorced. You want to know if the person who got the benefit will have to repay the loan and the other person has no responsibility?

    In the event of a divorce the Court will look at all assets and all debts and split things up according to the Laws of that State - joint debts are just that, joint debts, and it does not matter who is getting the benefit from the debt.

    If you are talking about a car or something like that one party could very well be awarded the car but also be made totally responsible for the balance of the loan.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 16, 2008, 03:21 PM

    It will be up to the divorce court to decide who has to pay what, who gets what property and more, unless the two people come to mutual agreement
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