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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1877
Experience:  Practicing Attorney with 10 years experience
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I am divorcing my wife now in a Californian court. We do not

Customer Question

I am divorcing my wife now in a Californian court. We do not have common property -- our house has been sold. At this point we have only common debts, and need to split responsibility according to Californian law.
We separated in May, 2014 -- I moved in Dallas, TX. At that moment we had 65K common debt: common Personal Line of Credit balance, Parent Loan for our daughter on my name, credit cards on my name, credit cards on my x-wife's name. I keep all my balances current, and paid off two accounts. My x-wife does not make payments for her 2 credit cards, despite her good income 90K per year, which includes Spousal Support from me 4K per month.
Currently, our common debts total balance is 30K, which means that I payed to creditors 35K over 1.5 years after separation.
Here is my question:
Do I have a legal right to consider 65K balance as our common debt after I payed off 35K? I have to maintain my credit history, and I am making all the payments every month. And it looks like I spend my money to pay not just mine, but also my x-wife's debts. My x-wife doesn't care about her credit history, and ignores all the bills. I need your suggestion how to resolve that. At least, I would use it as a leverage to resolve all other disagreements.
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

That is what you should ask the judge to intervene on. Ahe should not get a windfall where you pay all debts and pay her spousal support where she does not use any of her money to pay off the debts that are owed by both parties.

Expert:  Asad Rahman replied 1 year ago.

Since you paid off that amount if 30k that you were jountly responsible for I believe it may be hard to seek recovery but everything is negotiable.

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