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Recent Posts in Debts Category

RED FLAGS That Imply Your SPOUSE May Be PLANNING To CHEAT You!

Red Flags That Your Spouse May Be Planning To Cheat You In a Divorce ! Experienced divorce lawyers and forensic CPAs know a few things about suspicious conduct that might escape your attention as it ...
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Can Liability for a Community DEBT Be Assigned to Just One Spouse In a Divorce SETTLEMENT?

GUEST BLOG! ASSETS DEEMED DIVIDED WHEN MSA SIGNED by Mark D. Gershenson When parties divide property and assign debt in a Marital Settlement Agreement or Stipulated Judgment for Dissolution of ...
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TAX TIME Advice for SEPARATED COUPLES About JOINT TAX RETURNS

Q. I'm separated from my ex-husband, and we are in the process of a divorce. He has asked me to file jointly on a 2010 return, and I am wondering if this is a good idea. Any suggestions? Trudy ...
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How Do I Use a MARITAL BALANCE SHEET to Figure Out How to Best DIVIDE OUR PROPERTY?

Q. I am considering filing for divorce, and am beginning to pencil out what the division of our assets and debts might look like. What is a good way to go about this? A. Prepare a Marital Balance ...
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I Have Been Paying the MORTGAGE Since SEPARATION - Am I Entitled to WATTS CREDITS?

Q. I have been occupying our family home alone since my wife left over a year ago. I pay all the interest only mortgage, property taxes, and insurance with no help from her. Does she owe me half of ...
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My Ex Has Been EXCLUSIVELY USING Our RESIDENCE - Is There an EPSTEIN CREDIT For This?

Q. I have been occupying the home after my wife left over a year ago. I pay all the interest-only mortgage, property taxes, and insurance with no help from her. Does she owe me half of any of this? A. ...
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How Can I Be Sure a Court Will Enforce My AGREEMENT Reached With My Spouse OUT OF COURT?

Q. My wife and I reached some agreements about support and property division in our divorce. Neither of us have attorneys. I want to write something up that is enforceable. Is there anything I should ...
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How do CALIFORNIA COURTS divide EDUCATION LOANS?

Q. My husband completed his training as a doctor after we married. He incurred substantial educational loans which we paid off during the marriage. What rights to I have for recovering those costs? A. ...
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Must I file a JOINT TAX RETURN if we are not yet divorced?

Q. My husband and I separated in 2009 but we are not divorced yet. We are on extension because he wanted me to sign a joint tax return with him, but I am nervous about doing it and keep stalling. He ...
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When are ASSETS VALUED for purposes of DIVISION in a California DISSOLUTION?

Q. My wife and I separated two years ago and we have decided to divorce. We don't agree on the date we should use to value some of our property, like the home where she's been living in with ...
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My husband was HOSPITALIZED after we SEPARATED; am I liable for the bill?

Q. I need help from a California Family Lawyer. After my husband and I separated, he was hospitalized and incurred $28,000 in medical bills. The creditor is threatening to sue me. Am I liable? Is ...
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What are EPSTEIN REIMBURSEMENTS?

Q. My wife and I are getting our divorce with the assistance of a paralegal. That person has prepared a Marital Settlement Agreement. The paralegal says she cannot give us legal advice. There is a ...
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When I get MARRIED, how do I avoid my husband's DEBT?

Q. If I marry is it possible to avoid any of my fiance's debt liability? A. Yes. First, your separate property doesn't become liable for a spouse's premarital debt simply by marrying. But ...
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Am I LIABLE for my husband's NURSING HOME DEBT?

Q. Am I liable for my husband's nursing home bills? A. Yes, under most circumstances. Community and both spouse's separate property is liable for the other spouse's "necessaries of ...
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Am I LIABLE for my husband's GAMBLING DEBTS?

Q. My husband won't stop gambling. Am I liable for his gambling debts? A. The community property that the two of you own is liable as to satisfy his gambling obligations, assuming there is any ...
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Q. Who is liable for debts that we assign between us in our divorce settlement?

Q. Who is liable for debts that we assign between us in our divorce settlement? A. After property is divided incident to divorce or legal separation it is no longer community property; it is the ...
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Am I LIABLE for my husband's CHILD SUPPORT ARREARS from his first marriage?

Q. Can the property I owned before marriage be taken to pay for my husband's unpaid child support from his first marriage? A. No matter when child support, or spousal support from a prior marriage ...
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Are my EARNINGS during marriage LIABLE for my spouse's PREMARRIAGE DEBTS?

Q. Are my earnings liable for my spouse's debts incurred before marriage? A. Your earnings during marriage are not liable for your spouse's debt incurred before marriage so long as these ...
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Am I liable for my husband's BUSINESS DEBTS?

Q. My Husband is being sued for a business debt. I am not named in the lawsuit. Am I still liable? A. You do not need to be named in a lawsuit against your husband to collect a debt incurred by him ...
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My Wife caused a CAR ACCIDENT. Am I LIABLE too?

Q. My Wife caused a car accident. We were underinsured. Am I liable if the wreck occurred before we separated? A. Personal injuries and property damages caused during marriage get a different ...
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Must I pay any of my husband's STUDENT LOAN if we DIVORCE?

Q. If my Husband and I divorce, am I stuck with any of his student loan? A. Most likely not. Upon separation and dissolution of marriage, a spouse's separate loan is assigned pursuant to Family ...
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If my Wife and I are separated, do I have to pay the CREDIT CARDS she ran up after leaving?

Q. My Wife and I are separated. Am I liable for her debts she incurs once we split up? A. If you are a co-signor on, for instance, a credit card account you are also liable to the credit card company. ...
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Am I LIABLE for my spouse's PREMARITAL DEBT?

Q. Am I liable for my spouse's pre-marital debt? A. Yes, and no. Whether you are liable for debts of your spouse depends on what kind of property exists and is available to satisfy a debt. ...
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What Is a LEGAL SEPARATION in California?

Q. What is meant by "separation" in California, and is legal separation a good idea? A. There are two contexts in which the word separation is used in divorce and family law in California: ...
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My New Wife Works. Can this NEW MATE INCOME Be Used to Increase my CHILD SUPPORT?

Q. I have two children from a previous marriage. I remarried two years ago, and my new spouse earns $8,500 month. While my hours have been reduced during this recession and my monthly gross averages ...
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