With a bankruptcy discharge of one spouse, the creditor may look to the other spouse for full
payment of the joint debt.
Not exact matches
Since the surviving spouse may not be the breadwinner
of the family, using a
joint first - to - die policy can relieve the burden
of debt payments.
With a Chapter 13 bankruptcy, if the filer submits a plan that will address all
of the
joint debt, the creditor can not pursue the spouse for
payment of the
debt during the restructuring
payment period (which generally runs for up to five years).
If you can not afford to cover the
payments for your ex's share
of your
joint debt, and if your ex isn't willing to refinance or work with you to sell
joint assets, then bankruptcy could be the best course
of action.
You can not normally make another intimation within 12 months
of the last one, although there are special rules for people in
joint debt payment programmes through DAS.
If a
joint debt payment programme is revoked on the grounds
of separation, creditors can not immediately take action to enforce court orders (use «diligence»).
When a divorce is filed and granted in New York State as an «Uncontested Divorce» it means that the parties to the divorce (the husband and wife, or both spouses in a same - sex marriage), have signed their applicable divorce papers that were filed in court, to indicate that they both agree to all
of the terms
of their divorce, including: the equitable division
of their
joint marital property (assets and
debts) and the
payment or waiver
of spousal support.
If this is not possible, the parties should include provisions in a separation agreement that detail the responsibility
of each spouse for
joint debt and the appropriate course
of action if a spouse fails to fulfill
payment obligations.
Both husband and wife would each be liable to the lender for the full balance
of this
joint debt, although a separation agreement or a court order may allocate responsibility for
payment of the
debt between the husband and wife.
The issues that are typically addressed in mediation are issues related to children: legal custody and residential custody, visitation, child support, allocation
of college expenses for the children, health insurance, life insurance; alimony and spousal support; division
of real property, including the family home; division
of tangible personal property including motor vehicles, boats, furniture, furnishings, art work, etc.; disposition
of other property accumulated during the marriage, including bank accounts, investment accounts, pension / profit - sharing / retirement accounts, etc.;
payment of credit cards and other
debts, and tax matters including decisions relative to filing
joint or separate tax returns and claiming the children as dependency deductions.