# Property / Asset / Liab Split



## Bek9201 (Feb 28, 2018)

Hi Ladies, 

My husband and I are considering separating. I won't bore with all the reasons why. He has his knickers in a twist about the owner of our credit cards. Over the years I've accumulated about $10k of credit card debt. As I do all of the paperwork / bills etc for the household they are just in my name. He's told me that his lawyer (if that's true) said that as it's in my name - it's my debt. Therefore it'll come out of my share of the house etc. Whereas my lawyer has said it's household / marital debt and therefore it'll be 50/50 and that he'd only have a chance to make me pay for it if I was gambling or going on holidays by myself etc etc.. That is definitely not the case. It's just grocery shopping and bills etc. Just cos there's been more bills that income at any one point in time. 

My mum is a legal secretary and has also said it's also marital debt. 

What are you thoughts? Is he just trying to scare me?


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## Elizabeth001 (May 18, 2015)

Bek9201 said:


> Hi Ladies,
> 
> 
> 
> ...




Yes...he’s trying to scare/scam you. It’s marital debt. 


Sent from my iPhone using Tapatalk


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## happy as a clam (Jan 5, 2014)

Yes, he’s just trying to scare you. YOUR lawyer is correct; it is marital debt and will be split 50-50. 

Don’t listen to anything your husband tells you. He’s trying to rattle your cage. Don’t let him.


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## FeministInPink (Sep 13, 2012)

I think he's trying to scare you, or trick you into agreeing to take on that debt yourself.

My lawyer told me that any debt incurred during the marriage is marital debt, regardless of whose name is on it. The only way something might NOT be considered marital debt is if, say, you made a large purchase like a boat or something, and he gave you written (email with a date/time stamp) notice of his objection to the purchase, but you bought it anyway. In this case, the judge would likely hold you responsible for the debt, BUT you would also get the boat. Your husband would have no debt and no boat. Note I said _likely_; my lawyer said this is how most judges would treat this situation, but it's still not guaranteed.

Insist that it's marital debt and will be split 50/50. He can take it to court if he wants, but it's going to come out the same way.


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## FeministInPink (Sep 13, 2012)

happy as a clam said:


> Yes, he’s just trying to scare you. YOUR lawyer is correct; it is marital debt and will be split 50-50.
> 
> *Don’t listen to anything your husband tells you. He’s trying to rattle your cage. Don’t let him.*


YES. Don't listen to ANYTHING he tells you. He's your enemy now, and he's going to do whatever he can to try to keep as much money for himself as possible.


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## EleGirl (Dec 3, 2011)

It depends on where you live and the laws there. So where do you live? Just state if in the USA works.

Or what country if not the USA?


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## Bek9201 (Feb 28, 2018)

EleGirl said:


> It depends on where you live and the laws there. So where do you live? Just state if in the USA works.
> 
> Or what country if not the USA?


I live in Australia


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## FeministInPink (Sep 13, 2012)

@RandomDude Take a look at the OP's post above, can you confirm?


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## RandomDude (Dec 18, 2010)

Bek9201 said:


> Hi Ladies,
> 
> My husband and I are considering separating. I won't bore with all the reasons why. He has his knickers in a twist about the owner of our credit cards. Over the years I've accumulated about $10k of credit card debt. As I do all of the paperwork / bills etc for the household they are just in my name. He's told me that his lawyer (if that's true) said that as it's in my name - it's my debt. Therefore it'll come out of my share of the house etc. Whereas my lawyer has said it's household / marital debt and therefore it'll be 50/50 and that he'd only have a chance to make me pay for it if I was gambling or going on holidays by myself etc etc.. That is definitely not the case. It's just grocery shopping and bills etc. Just cos there's been more bills that income at any one point in time.
> 
> ...





FeministInPink said:


> @RandomDude Take a look at the OP's post above, can you confirm?


Not a lawyer, and ex-wife and I settled outside of court, so not sure if I am the best person to confirm 

Still, I do know the 50/50 split isn't actually absolute, the court can take to account several factors when it comes to the debt/assets/contribution/length of relationship/etc. Your soon-to-be-ex-husband is wrong that simply having his name out of the debt means he's free from it however, as the court decides that. It can get seriously messy.

I highly recommend settling out of court if possible.


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## jlcrome (Nov 5, 2017)

It's all depends on what state you live in some states have division of debts 50/50 some states take in account who's name is in the debt.


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## jlcrome (Nov 5, 2017)

From what I read in Georgia laws the state I live in about debt marital division. This could ring true in every state so the verdict is in and yes your husband is correct and yes you are correct. This is narrowed down to CC's the "judge" can make a discretion judgment on his own depending in circumstances. For instance if your are the primary CC holder and it is in your name and use the card for personal items and personal use there's a good chance the judge can rule in your husband's favor. Say for instance the CC record shows you just went and rake up $5,000 in debt with the intent knowing your are heading toward divorce and with the intent to push it on your spouse yes the judge will take that into account. You buy expensive jewery, clothes, perfume, make-up on a whim with a possible divorce looming yes the judge can take that into account. Yes your husband can fight it in court if there is credible evidence that the judge can make a discretion on the matter. Now this is just Georgia not every state.


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## jlcrome (Nov 5, 2017)

I had to reread the post so your point is the CC got used for groceries and bills. Ok your husband can still make a case if he makes plenty of money and your the primary bill payer. He can just easily take pics of new clothes, jewerly, purses, vacation reciepts, etc and claim the bills was put on the back burner. Yes the judge can take everything into account.


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## chillymorn69 (Jun 27, 2016)

In P.A.

My lawyer said if the credit card is in her name only then its her debit only .

Unless she could show it was used for household/family items. Then it would be split 50/50.

If you bought fancy cloths or purses, hair styling,finger nails etc Then its your debt.


If you bought food,cloths for you children, furniture, dr bills .etc then its 50/50.


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## MrsHolland (Jun 18, 2016)

There is a bigger picture than just CC debt but basically in Aus settlements are usually 50/50 unless there are extenuating circumstances.

The vast majority of settlements are signed off on without going before a Judge. First you will go to family mediation and you can also request financial mediation. It is not always necessary to go to Lawyers if you two can sort this out between you. If you are able to write up your own settlement then get it signed off by a Lawyer to show you both had legal advise, this way he can't come back at you in the future.

You need to look at the whole picture:
All assets, house, car, house contents, superannuation etc.
Total this this then take off debt, CC, mortgage etc.
If no extenuating circumstances then the split is 50/50

Exceptions may relate to:
ages of dependent children and if you are going to 50/50 co parent.
Any special needs of the children.
If there was a large discrepancy in assets upon marriage.
Future earning capacity.

If you are low income you can seek Legal aid.

Look up "Relationships Australia" not sure if they are in every State but if so they can point you in the right direction.

Your husband is trying to rattle you, do not engage in settlement discussions unless he is going to be amicable. If he is not going to be amicable and you need to get Lawyers involved it is going to cost you both a lot more than the $10k of CC debit.


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## EleGirl (Dec 3, 2011)

Thanks @MrsHolland


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