# Can't afford a divorce



## justabovewater (Jun 26, 2011)

How can poor people with bad credit afford to divorce? I don't know how we're supposed to make this happen. We own our house, which he wants no part of and which my name is not on the mortgage. Its on the deed, but not the loan. We have debt, which I don't think he wants any part of either. I think he is thinking that since he wants to give me the house and i can do what I want with it, that I should assume the debt as well. Is he 50% responsible for debt acquired while we were married even if it wasnt "his" debt? Ive got a student loan for instance that he doesnt believe he is responsible for at all along with some medical biils. Can anyone shead any light? Even just a glimmer?


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## MrsOldNews (Feb 22, 2012)

I know student loan debt isn't split in divorces in my state. I have no idea about the other things though.


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## EleGirl (Dec 3, 2011)

justabovewater said:


> How can poor people with bad credit afford to divorce? I don't know how we're supposed to make this happen. We own our house, which he wants no part of and which my name is not on the mortgage. Its on the deed, but not the loan. We have debt, which I don't think he wants any part of either. I think he is thinking that since he wants to give me the house and i can do what I want with it, that I should assume the debt as well. Is he 50% responsible for debt acquired while we were married even if it wasnt "his" debt? Ive got a student loan for instance that he doesnt believe he is responsible for at all along with some medical biils. Can anyone shead any light? Even just a glimmer?


We'd need to know what state you live in. Each state has it's own divorce codes.

In community property states

*Community debt and assets *are split 50/50 between the spouses at divorce. The home is community property. The mortgage is most likely community debt even only he is on the loan.

If there is equity in the home, you each will split that 50/50. If you stay in the home you would have to buy him out of his 50%. You might also need to refinace the home in your name unless he agrees to let you keep the mortgage in his name.

If cars were purchased with community income, it does not matter whose name is on the title or the loan. They belong to both of you. Though usually each person keeps the car they drive. it gets more complicated when one spouses gets a car that has a loan in the other person's name.

*Sole property and debt *goes to the person who owns it. Student loans are sole debt. Your husband is not responsible for your student debt. 

The only way you can get him to be responsible for some portion of your student debt is to prove that he will be paying you far less alimoney because the education paid for by the student loan has raised your income significantly. This is hard to prove.

In equitable distribution states they start at 50/50 and then the court decides what is "equitable". One spouse might get more than the other.


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## EleGirl (Dec 3, 2011)

The way poor people can afford a divorce is to either represent themselves through out the divorce, use a paralegal.

If you both agree on your divorce settlement you might only have the court fees. I filed for divorce last week..3/5/2012. I did our divorce papers. My husband agreed and filed. It cost $134. The divorce should be final by Friday of this week.


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## Traggy (Jan 26, 2012)

EleGirl said:


> The way poor people can afford a divorce is to either represent themselves through out the divorce, use a paralegal.
> 
> If you both agree on your divorce settlement you might only have the court fees. I filed for divorce last week..3/5/2012. I did our divorce papers. My husband agreed and filed. It cost $134. The divorce should be final by Friday of this week.


Congrats??

New beginning. Take care!


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## justabovewater (Jun 26, 2011)

We're in NC. It all seems so complicated and overwhelming. He doesn't want to sell the house until our youngest is out of high school (2 more years) and knows that I don't have the credit to assume the loan, but complains that he can't afford to pay the mortgage if he's going to "have a life of his own" (he currently lives with his elderly mother...very comfortably I might add, doesn't pay rent, utilities, etc.).

Anyone know of any good books about the process of divorce?


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