QLD Divorce - Who Pays the Debt?

[Shannon Esteves]

Hello,

I have been separated from my wife for almost 2 years and have just been granted a divorce. The divorce is final on the 19/02/2017.

My wife got credit in her name to fill our house with furniture etc. After the separation, we sold off all of the furniture and paid the debt but there was still more left over. I didn't do the finances; she did, so I am not sure what the exact debt was.

I agreed I would pay half of the remaining debt and I was told it was $18000. I have not been provided with documentation supporting was the remaining debt was. I have just checked and I have paid just over $10000.

Am I obligated to pay this debt? The debt is in her name, all of it, and I am currently bankrupt until Nov 17.

 

[sammy01]

Her debt - you should not have paid a cent. Once the divorce is final you both have 1 year to make a court application for asset division.

Sound like there are no assets?

Stop paying

 

[Shannon Esteves]

Excellent, I thought as much. Not that I don't trust what you are saying but how does this work? Are you a lawyer or law student or what?

 

[Hayder Shkara]

Excellent, I thought as much. Not that I don't trust what you are saying but how does this work? Are you a lawyer or law student or what?

I'm a lawyer. You have no obligation to pay the debt. You never did but you agreed to pay half of the 18l.

Now that's finished, you don't owe any more. It's in her name, not yours. If there are any assets left in the relationship (yours or hers) - you could consider a financial settlement.

 

[sammy01]

Wow - Hayder Shkara - you're a lawyer? Mate, change your photo - you look more like M&M. But I'm glad you agree with my opinion, I just don't agree with your dress sense.

 

[sammy01]

Nope, not a solicitor - just a punter. But if the debt is in her name, then it is her debt. However, because you're married (or were) then it is kind of your debt.

So in contract law it is her debt - she signed up for the credit card. So she owns the debt in family law. Ii is part of the family asset pool, but until there is a court order for you to pay any of it - you have no obligation.

 

[Hayder Shkara]

wow - hayder shkara - you're s lawyer? mate change your photo - you look more like M&M. But i'm glad you agree with my advice, I just don't agree with your dress sense

I went for a different look rather than the classic suit and tie shot. Google my profile. You think it's that distasteful?

 

[SamanthaJay]

Hayder, keep your profile pic. It's not distasteful at all. Just keep giving out useful and accurate thoughts.

 

[sammy01]

Yup I agree with Samantha - having taken your suggestion and googled your profile...mate you can wear what ever you want...

Go Aussie...

 

[MartyK]

yup I agree with Samantha - having taken your advice and googled your profile.... mate you can wear what ever you want...
go aussie...

lol