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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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Is it true that a wife has no legal rights in a marriage until

Resolved Question:

Is it true that a wife has no legal rights in a marriage until she is married for three or more years of marriage?
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

No, that is simply not true. Once a marriage has been created, the parties immediately begin to accumulate marital items, whether assets or liabilities. If the $21,000 in debt was created during the marriage, then it belongs to them both and they are jointly responsible for resolving that debt.

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Please let me know if anything requires clarification.

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Customer: replied 2 years ago.

Do I understand you that if they divorce, each is responsible for 1/2 of the total debt of 21,893.00 if one of the credit cards was not in their name and the other credit card (basically 11,000. each card) had our daughters name on it?

 

Approximately early last year, we did a balance transfer with one of our credit cards and paid off one of their accounts so that they could start fresh. The card remained in our name. We then (stupidly) gave our daughter access to another credit card to use to use and pay off monthly, which did not apparently happen as they now owe another approximately $11,000. on. This is the total of our involvement that we are now afraid her husband will just let us pay for. As we are on Social Security, we are now unable to eat this loss. Please advise what our legal rights are.

Thank you!

Customer: replied 2 years ago.

You replied




Sunday, July 01, 2012 11:00 PM EST




Do I understand you that if they divorce, each is responsible for 1/2 of the total debt of 21,893.00 if one of the credit cards was not in their name and the other credit card (basically 11,000. each card) had our daughters name on it?


 


Approximately early last year, we did a balance transfer with one of our credit cards and paid off one of their accounts so that they could start fresh. The card remained in our name. We then (stupidly) gave our daughter access to another credit card to use to use and pay off monthly, which did not apparently happen as they now owe another approximately $11,000. on. This is the total of our involvement that we are now afraid her husband will just let us pay for. As we are on Social Security, we are now unable to eat this loss. Please advise what our legal rights are.


Thank you!


Expert:  Joseph replied 2 years ago.

So long as it can be established that this was not a gift, but rather a loan, it would be considered a marital debt. As such, they would each be responsible for paying back half of that debt.

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I hope you found my answer helpful. If so, please click on a positive rating for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to provide a positive rating. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

.

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.

Do we need to get an attorney in Texas to handle this and if so, do you know of any attorneys in the Frisco, Texas area and an estimate of what a divorce like this would cost us? Remember we currently live in upstate New York.

Expert:  Joseph replied 2 years ago.

Assuming your daughter agrees that this is a debt of the marriage, then her attorney can handle the matter and you would not need an attorney of your own.

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As to a specific attorney, the rules of this site do not permit us to represent customers or provide direct referrals, meaning I cannot give you a name. However, you daughter might begin by contacting the Texas Bar Association (www.texasbar.com) and/or her county bar association, either can provide a list of family law attorneys in her area.

.

Please let me know if anything requires clarification.

.

I hope you found my answer helpful. If so, please click on a positive rating for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to provide a positive rating. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

.

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
Will you be available to discuss this further tomorrow evening? As it is late in NY and I have to be up early I would like to continue this conversation tomorrow evening.
Customer: replied 2 years ago.
Will you be available to discuss this further tomorrow evening? As it is late in NY and I have to be up early I would like to continue this conversation tomorrow evening. This information all holds true of 2 people that married in Texas and not in NY. I wasn't sure if Texas law was different from NY law??? Thanks again.
Expert:  Joseph replied 2 years ago.

The law as to this issue is the same in either state. As to tomorrow, feel free to reply whenever you are available and I will respond as soon as I am able.

.

I hope you found my answer helpful. If so, please click on a positive rating for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to provide a positive rating. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

.

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 2 other Family Law Specialists are ready to help you

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