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Newest Member: Dewitt

Divorce/Separation :
Splitting up debts......

Topic is Sleeping.
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 Survivor24 (original poster new member #84314) posted at 11:05 PM on Thursday, January 11th, 2024

I'm expecting to file any day now. Wondering how other people may have handled this situation. I'm in Texas if that matters.

House - appraised at 250k, mortgaged at 250K. We're on it together. There is no equity and won't be for years. I'm fairly certain I just need to do a special warranty deed to remove her from County records but the mortgage company I don't think will drop anyone from the mortgage without refinancing. That isn't going to happen since it took 150K per year between us to qualify and I'm coming in about 25k short on my own. We've only been in the house for about 18 months.

Student Loans - community debt from what I understand. I keep the portion I came into the marriage with but the masters and phd she's on the hook for half of since it was pursued with intent that better job would benefit us both. Same the other way for her attempt at a Bachelors. I came in with 125k then added 75K. Her Bachelors she didn't finish cost us 30K. 75K-30K = 45K / 2 = 22.5K her responsibility.

Credit Cards - just keep the ones you have to yourself. We both have 2 each.

Other debt - personal loans, 401K loan, etc. These should just be split down the middle.

At this point I don't expect her to fight anything really. We'll do a DIY divorce since there are no kids between us and we'll agree on everything up front. There is no stock, bond, valuables, etc. I'm not going to fight her over her great-grandma's china cabinet or anything like that. I think if she wants to fight about the house I'll just tell her I'll forgive her half of the community debt if she signs it over.

Thoughts?

posts: 31   ·   registered: Jan. 2nd, 2024   ·   location: TX
id 8820912
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torso1500 ( new member #83345) posted at 5:43 PM on Friday, January 12th, 2024

House + multiple kinds of debt means an attorney in your state is really the only safe answer for you on this. There are probably multiple ways to handle it, but only your attorney can give you the advice that will best work for you. Consider that it may end up much more costly not to use professional advice to unwind this.

Also, I will caution you that generally, if your divorce decree assigns responsibility for debt that differs from how it's held with the creditor, you will not gain any recourse with the creditor to enforce that. Example: if you and ex decide that ex will pay some portion of a loan in your name only, the creditor will penalize only you if ex does not pay and your only avenue will be through the divorce court. That's just a hypothetical and you should consult an attorney for specific advice.

posts: 13   ·   registered: May. 16th, 2023
id 8821061
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lostandbound ( member #56011) posted at 12:32 AM on Saturday, January 13th, 2024

Student Loans - community debt from what I understand. I keep the portion I came into the marriage with but the masters and phd she's on the hook for half of since it was pursued with intent that better job would benefit us both. Same the other way for her attempt at a Bachelors. I came in with 125k then added 75K. Her Bachelors she didn't finish cost us 30K. 75K-30K = 45K / 2 = 22.5K her responsibility.

I'm confused on your math here. When you say you "came in with 125k then added 75K," I read that as you spent 75k on education (masters & phd) during your marriage. Then she spent 30k on a bachelors, correct?
So a total of 105k spent on education during the course of your marriage?

posts: 124   ·   registered: Nov. 12th, 2016
id 8821096
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 Survivor24 (original poster new member #84314) posted at 8:14 PM on Saturday, January 13th, 2024

Correct. My masters and PhD plus her attempt at a bachelor's ran up 105k. If it's community debt then she'd be responsible for half of that. According to legal sites I found anyways.

posts: 31   ·   registered: Jan. 2nd, 2024   ·   location: TX
id 8821136
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grubs ( member #77165) posted at 3:47 AM on Sunday, January 14th, 2024

Debts are a challenge. As torso1500 stated debtors don't give a flying F what you divorce decree states. If the creditors can come after both parties legally they will regardless of what is in the divorce decree. If the debt is solely in your name, they will come after you even if she is listed as responsible in the decree. They won't have standing to go after her if she was not listed on your student loans. And vice versa. The same applies for joint credit. Wife and her ex split the debt equally. Mostly revolving debt. He did manage to refinance the house in just his name. She worked hard to pay off her debt after we married. She ended up having to pay off his half also when his world fell apart.

posts: 1624   ·   registered: Jan. 21st, 2021
id 8821164
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lostandbound ( member #56011) posted at 9:07 AM on Tuesday, January 16th, 2024

Okay I understand. Personally I interpreted the student loans as--you both owe the govt a little over 50k each, rather than her owing you 22.5k.
Regardless, you need to consult with an attorney.

posts: 124   ·   registered: Nov. 12th, 2016
id 8821294
Topic is Sleeping.
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