Thank you for that information.
He has real estate property with a lien on it and owe back taxes. Would I be responsible for the lien and the taxes, even thought we are not together?
Possibly. The creditor (SBA loan holder) cannot come after you for the money, nor can the government for the back taxed. However, the debt on the property and the back taxes due are considered marital debt
since it was debt acquired during the marriage. It does not matter to the court whose name is XXXXX XXXXX Therefore, you could be responsible for it in a scenario like this....While married to Jane, John buys a house and finances it in only his name. His name is XXXXX XXXXX one on the deed. He takes out a mortgage with Bank. John falls behind on payments and property taxes. Jane and John split up. The court divides the debt between the couple, ordering John to pay the $200k in credit card debt and for Jane to pay the debt on the house. Jane refuses to do so. Bank and the government cannot come after Jane because Jane never promised them that she would pay. Therefore, they continue to go after John. John requests that the court hold Jane in contempt until she complies with the order to pay on the house. The court grants John's motion and fines Jane $250 and places her in jail for 12 hours to teach her a lesson.
I am thinking about filing for a legal separation to protect my savings. I need to know what is the law concerning a legal separation.
Just like his debt from above, your savings is also considered marital property and basically belongs to both of you in equal shares. The court has the discretion to award you some, none, or all of the amounts that you have accrued in the savings account. If you file for legal separation, that will be one of the assets that are amongst the marital estate to be divided. After the separation
is granted, any amounts that you deposit into the savings account will be your sole and separate property.
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