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If a unmarried split couple (state of NV) has a balance on a joint credit and one party refuses to make payments or settle the debt, what can the paying party do? I believe the amount is over small calims levels.Is the bank responsible to split the debt? options?I beleive (in the state of NV) that the engagemnet wring is the posession of the person who purhased the wring. Is that correct?
Optional Information: Country relating to Question: United States State (if USA): Nevada Already Tried: Asked for payments. No response. Asked for the plan to resolve the issue. No response. Asked for the diamond back. No response.
Hi, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help
Q. When you said "...on a joint credit..." Did you mean you had a joint credit card ?
Q. Was the ring given in contemplation of marriage ?
Thank you,
ANDREA
We have a joint credit card with a balance that is no longer usable for charges, but is still an oustanding debt under the bank's credit card agreement. The non-paying party called the bank and made that happen.
The wring was in contemplation of marriage.
Thank you for your additional information,
1. If two parties are on a credit card account, they are both equally liable for payment of the debt. The bank which issued the credit card does not have ay obligation to divide the debt, nor does it have any obligation to determine who is responsible for the individual charges on the credit card. The bank which issued the credit card can go after either party, or both parties for payment of the debts incurred on the credit card. If one of the parties pays the debt in order to preserve their credit score, they can sue the other party to recover half the debt or any amounts they can prove with documentary evidence, were made by the other party; 2. When a ring is give in contemplation of marriage, the ring is a "conditional gift", with the condition being the marriage. If the condition is not met, in other words, the marriage is never entered into by the parties, then the condition has not been met and the ring must be returned.
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Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
Debt: It would be very difficult to prove who's charges on the credit card belong to. If I needed to sue, I could sue for 1/2 plus charges? From the date of seperation?
The party that has the conditional gift will not return it. Is that party responsible for it's safety until returning it? If lost, responsible for the market value?
Many thanks
1. Regarding the debt, if you can prove the other party charged more than one-half of the debt, then you could sue for that amount for which you have proof. If you cannot prove that the other party charged more than half, then you can sue for one-half of the debt.
2. Regarding the ring, if the person will not return it, then they will be responsible for its safety until it is returned. If you have to sue for the return of the ring and that person no longer has the ring, then they would have to pay you whatever the ring cost to purchase it.
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Ok thanks.
Instead of purchase price value:
What if I owned the diamond for years before engagement and meeting my ex partner? Would't the value be market value? Similar to a historical family ring used for engagement (Grandmother's ring)
Yes, I would consider that fair. But, it would still be up to the Judge. However, I cannot imagine a Judge putting a value on the ring that would be less than the actual value, so I think you would be pretty safe in that area,