I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
You asked about a number of issues, and I will address them individually. You wrote:Community property car - I will be driving after the divorce. Am I liable for the full loan left over after the divorce? While it is not mandatory, it is typical when one party is awarded a community property vehicle in a divorce that they are also then obligated to pay the remaining loan on that vehicle. Keep in mind that at the time of the divorce, the community property as well as the community debt is determined, and generally divided in half. However, for items such as cars and houses that have equity, but also have debt associated with them, the court will generally divide the equity and apportion each spouse half, and if one spouse then wants to take the thing (car or home), then that person is generally responsible for the future loan payment s on the thing accepted.
However, when spouses can agree on the division of assets and enter into a Marital Settlement
)---it is normally not all that complicated. A car is seen as much as debt as an asset, and generally one spouse will let it go to be rid of the debt, and forget about any equity there might be in the vehicle. And as a rule, there is normally very little equity, if any, in a car that is financed, unless the car has almost been paid off by the time of the divorce.
Timeshare - should we sell the timeshare before we are divorced? Neither of us want it. Do everything that you can to get rid of any timeshare before the divorce, and don;t agree to take it. It is a permanent albatross around your neck and will cost you maintenance fees the rest of your life as well as leaving the headache of getting rid of it to the executor of your estate when you die. Today, timeshares are generally worth less than the maintenance fees charged and it can be difficult to even give one away.
Lawsuit - I was involved in car accident with a pending lawsuit. My husband agreed not to take anything, but should I get his confirmation in writing? Yes, you will need to make that part of the agreement in your MSA
. While most judges will award the pain and suffering of an injury lawsuit to the injured spouse, reimbursement for lost income may be divided between the spouse---so get in writing that he is waiving any claim to your settlement.
Alimony - I have been the head of household. My husband agreed not to pursue alimony (we've been married for almost 9 years). Should I get his confirmation in writing? It must be in writing in the MSA, and you will want to indicated that both parties waive any spousal support
, now and forever into the future. If you don't specify that it cannot be sought in the future, then that leaves the door open for exactly that.
Any other debt that I am not aware of. Should I get his confirmation on what I no longer am liable for? Every individual debt owed by the two of you needs to be accounted for and agreed to as to who is responsible to pay that debt. This is just as important as listing the marital property that each of you will take from the marriage.
Finally, don't forget that any pension plan that either of you may have through an employer, or 401K or IRA is also community property and an agreement must be made---and placed in writing in the MSA regarding those assets as well.
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I wish you the best in 2013,