If I get a divorce will he be responsible for some ofour debt or all of it if it’s solely in my name?

UPDATED: Mar 3, 2012

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If I get a divorce will he be responsible for some ofour debt or all of it if it’s solely in my name?

I’m thinking of getting a divorce from my husband after finding out he’s been having other relationships while on his so called business trips. Throughout our marriage all the big loans for the family have been taken out under my name (as in the mortgage for our house and a home equity line). The home equity line my husband took solely to invest into some business and he lost it all. I am scared to get a divorce because everything is under my name.

Asked on March 3, 2012 under Family Law, Massachusetts


Robert Stolzberg

Answered 11 years ago | Contributor

In Massachusetts, a judge can re-assign any property or debts from one spouse to the other.  He or she will look at the total picture in determining what is fair.  Some of the issues are whether both parties contributed equally to the marriage.  This involves not simply financial contributions but also homemaking and child-rearing.  Your lawyer should make sure that all of the relevant issues are brought before the judge in the manner that shows what you deserve in the most persuasive manner possible.

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