Are Debts split up equally in a divorce?
Question Details: I am going through a divorce and my husband had incurred tons of debt under our name but I can prove that the debt was incurred by him. Is there a way so that he ends up with most of that debt? Currently he is wanting to split that in half and I don't think it is fair since I did not incur that debt. He did. I am keeping the house and have an outstanding mortgage on over $K and all the costs that comes with owning a house but he wants to add more debt. Is there a way to have him pay what he incurred?
Divorce, Marriage, Alimony Law Answers
Do you have an attorney? If so, please take this question to the person who is handling your case.
That said, the general rule is 50/50 on property and debts. I like to use the analogy that you are playing with poker chips and until the decree is signed, you do not have to settle up. The end result is supposed to be "fair" and you can ask the court to award more debt to him because it is fair, or because he is taking the asset associated with that debt, or that he took the benefit of that debt, etc.
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