I intend to file for a divorce if I’m currently still living with my husband but planning on moving out?

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I intend to file for a divorce if I’m currently still living with my husband but planning on moving out?

We have had no joint accounts for years. We pay our bills separately. The rent we split half and half but he is still behind with his payments. Also, he has lots of other debts that I don’t want to be involved in. What do I do?

Asked on December 10, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to sit down with some one who can tell you what your rights and liabilities are here.  the general rule is that assets and debts acquired during a marriage are marital property for distribution.  So unless you all agree in writing to how the division will go, a Judge will decide what is "equitable" - not equal in New York - distribution of both.  Good luck.


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