RE: Prenups (Full Version)

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Iamsemisweet -> RE: Prenups (9/26/2011 12:30:31 PM)

You are right, if the spouse signs on to the debt.   A lot of people get credit cards in their own names, and whether the spouse is liable often becomes an issue.  However,  I have successfully argued in collection suits that the "noncharging" spouse should not be liable, even though they would be under a typical community property analysis.
For cosigned debt you are right, the bank goes after both or whichever one they think will pay. Often, the spouse who ran up the debt files bankruptcy, leaving the other one in the lurch.   Divorce decrees don't matter to them, because they weren't a party.  A prenup can help for "separate" debt in those situations.
quote:

ORIGINAL: windchymes


quote:

ORIGINAL: Iamsemisweet

Actually, responsibility for debt can also be another good reason for a prenup.  A lot of younger people have huge student loans.  If their marriage fails, is it fair that this be considered a community debt?  I don't think so, but of course, this is just my opinion.
I had a friend whose husband ran up 25K in credit card debt as a result of gambling.  A prenup would have gone a long way in an argument that she was not liable for this debt under a community property analysis.  But alas, she didn't have one.  Oh well, she paid it off eventually.




Technically, one party "taking" the debt is only a sort-of gentleman's agreement, because it's not enforceable. If you are the co-signer on a debt, you are still ultimately responsible for it if they reniege (sp?) on the agreement. The loan company does not care that the other party is responsible due to a divorce agreement. They want their money, and YOU signed for it, and though they're sympathetic (yeah right), they will come after you just as hard and it will affect your credit rating just as hard.

Same with "quit-claim" deeds. Signing one of those only takes your name off of the deed, you cannot be taken off the loan unless the other party buys you out or refinances without you.




Iamsemisweet -> RE: Prenups (9/26/2011 12:34:17 PM)

Yes, maybe you could have an Elvis impersonator marry you!  How romantic would that be?  Seriously, I love Elvis, and this could be my dream wedding, as long as it was young, hot Elvis, not old, fat Elvis.
quote:

ORIGINAL: Aileen1968

And on a funny note...we got divorced without lawyers. Imagine that.
We did it so that third and forth parties of people didn't rape us dry.

I highly recommend that people don't use lawyers and just sit down and talk to each other and try to remember that they are dealing with someone that at one time they must have loved enough to marry.




tj444 -> RE: Prenups (9/26/2011 3:36:11 PM)


quote:

ORIGINAL: Iamsemisweet

You are right, if the spouse signs on to the debt.   A lot of people get credit cards in their own names, and whether the spouse is liable often becomes an issue.  However,  I have successfully argued in collection suits that the "noncharging" spouse should not be liable, even though they would be under a typical community property analysis.
For cosigned debt you are right, the bank goes after both or whichever one they think will pay. Often, the spouse who ran up the debt files bankruptcy, leaving the other one in the lurch.   Divorce decrees don't matter to them, because they weren't a party.  A prenup can help for "separate" debt in those situations.

see, that is one huge difference between the US & Canada. In Canada, its only your debt if you signed (or co-signed) for it, otherwise its got nothing to do with you, being married doesnt mean being married to your spouse's debt or his/her credit rating. Thats another reason why I would never marry someone in the US, heard too many bad stories about hidden debt haunting the unsuspecting spouse and killing his/her credit rating as well as owing on it too, which i think it totally unfair.. And, i dont need the risk or aggravation (if there is a problem).. [sm=m23.gif]




Iamsemisweet -> RE: Prenups (9/26/2011 4:08:14 PM)

I would like to modify my prior statement by saying I don''t know if this is true in every state.  I only know about my state, which is a community property state.  Sorry, I should have mentioned that before.  So, don't rule out some nice guy from Montana! 
quote:

ORIGINAL: tj444


quote:

ORIGINAL: Iamsemisweet

You are right, if the spouse signs on to the debt.   A lot of people get credit cards in their own names, and whether the spouse is liable often becomes an issue.  However,  I have successfully argued in collection suits that the "noncharging" spouse should not be liable, even though they would be under a typical community property analysis.
For cosigned debt you are right, the bank goes after both or whichever one they think will pay. Often, the spouse who ran up the debt files bankruptcy, leaving the other one in the lurch.   Divorce decrees don't matter to them, because they weren't a party.  A prenup can help for "separate" debt in those situations.

see, that is one huge difference between the US & Canada. In Canada, its only your debt if you signed (or co-signed) for it, otherwise its got nothing to do with you, being married doesnt mean being married to your spouse's debt or his/her credit rating. Thats another reason why I would never marry someone in the US, heard too many bad stories about hidden debt haunting the unsuspecting spouse and killing his/her credit rating as well as owing on it too, which i think it totally unfair.. And, i dont need the risk or aggravation (if there is a problem).. [sm=m23.gif]




tj444 -> RE: Prenups (9/26/2011 5:34:03 PM)


quote:

ORIGINAL: Iamsemisweet

I would like to modify my prior statement by saying I don''t know if this is true in every state.  I only know about my state, which is a community property state.  Sorry, I should have mentioned that before.  So, don't rule out some nice guy from Montana! 

He is already ruled out! Montana? no way!!! not for this girl anyway... [:D]

Imo, even if it doesnt apply to all states and you get married in one that doesnt, who knows, you might end up moving to one where it does, so, I would not risk that either anyway. But I get the impression its the entire US since the 3 credit bureaus, lenders & credit card companies would do it that way anyhow.. and they dont seem to have any problem lobbying the govt to get what they want.. [>:]




LafayetteLady -> RE: Prenups (9/26/2011 5:48:55 PM)

Where you marry them isn't important. It's where you divorce them that matters!

Even here in the US, different states have different laws. But a person needs to meet residency requirements to divorce in a place. NJ is an equitable distribution and no fault state. I couldn't just file for divorce in California to take advantage of community property or go to a "fault" state to better a settlement with a cheating spouse.





EmilyRocks -> RE: Prenups (9/28/2011 11:56:13 AM)

quote:

Frankly I think its time the little fucks get a taste of their own bitter medicine so they stop the antics that are destorying the forums.
So your plan to save the forums is to hijack threads by posting lies, wild accusations, insults, and personal attacksin order to make it all about them?

Yeah, that's a "brilliant" plan alright. [8|]

Do us a favour? Spare us your altruism.




LaTigresse -> RE: Prenups (9/28/2011 12:07:58 PM)

Emily, I have come to the conclusion that it is a form of jealousy and not worth the hassle.

Or as my grandmother would say........"Consider the source!"[:D]




HeatherMcLeather -> RE: Prenups (9/28/2011 4:18:30 PM)

A form of jealousy eh? You mean something along these lines?

[:D]




DeviantlyD -> RE: Prenups (9/28/2011 6:23:10 PM)


quote:

ORIGINAL: LaTigresse

Emily, I have come to the conclusion that it is a form of jealousy and not worth the hassle.

Or as my grandmother would say........"Consider the source!"[:D]



Hmmm. It didn't strike me that way at all. I'm curious as to what was in this person's postings to make you see it that way.




xxblushesxx -> RE: Prenups (9/28/2011 6:58:36 PM)

DD, if I may, that person's (sock puppet) posts are filled with vitriol and hate and they follow those girls around spewing it. There was nothing salvagable or of value (imo) from any of that person's posts.




HeatherMcLeather -> RE: Prenups (9/28/2011 9:41:40 PM)

quote:

Hmmm. It didn't strike me that way at all.
Of course not, you basically agree with the opinion expressed in our secret admirer's posts. [:D]




DeviantlyD -> RE: Prenups (9/28/2011 10:45:05 PM)

quote:

ORIGINAL: xxblushesxx

DD, if I may, that person's (sock puppet) posts are filled with vitriol and hate and they follow those girls around spewing it. There was nothing salvagable or of value (imo) from any of that person's posts.


I just don't see how jealousy plays into that...I've seen this person's posts...there haven't been a whole lot of them. (Four in total.) I'm reminded of alirous, who seems to be a sock puppet as well, posting similar types of posts, (i.e., verbally abusive, 6 in total) but the difference being, that person posts against anyone who has said anything negative against the 5 and started before the other came on the scene.




HeatherMcLeather -> RE: Prenups (9/28/2011 11:07:35 PM)

Actually our admirer has 10 posts, but 6 have been removed. Which is a pretty serious percentage. [:D]




DeviantlyD -> RE: Prenups (9/28/2011 11:11:10 PM)

I know of others who have had posts removed too. [8|]




HeatherMcLeather -> RE: Prenups (9/28/2011 11:16:19 PM)

My point is that the majority of his/her posts have been removed, and you are only seeing the tamer remnants. There may well have been something in the removed posts that led LaT to her conclusion..




projectneedles -> RE: Prenups (9/28/2011 11:21:08 PM)

quote:

ORIGINAL: EmilyRocks

quote:

Frankly I think its time the little fucks get a taste of their own bitter medicine so they stop the antics that are destorying the forums.
So your plan to save the forums is to hijack threads by posting lies, wild accusations, insults, and personal attacksin order to make it all about them?

Yeah, that's a "brilliant" plan alright. [8|]

Do us a favour? Spare us your altruism.



No, my plan is much more devious and rather humorus in its irony.

Will I share said plan with you? Nope, youll just have to see if your smart enough to figure it out.

And as to my "vitrol" you must not read anything the 5 idiots in a tree post. Or you ignore their "vitrol" like everyone else seems to do because they are too cowardly to actually respond to it, in case one of them chooses to stalk that poster where ever they go and harrass them until they learn their "place"

Frankly I get great enjoyment out of it. Its like therapy with out the need to open my wallet.




HeatherMcLeather -> RE: Prenups (9/28/2011 11:25:22 PM)

And TA DA!!! Right on cue!

Hi honey, how was your day?





DeviantlyD -> RE: Prenups (9/28/2011 11:57:46 PM)


quote:

ORIGINAL: HeatherMcLeather

My point is that the majority of his/her posts have been removed, and you are only seeing the tamer remnants. There may well have been something in the removed posts that led LaT to her conclusion..


Are you obsessed with this person? How do you even know they had 10?




DeviantlyD -> RE: Prenups (9/29/2011 12:00:53 AM)


quote:

ORIGINAL: HeatherMcLeather

And TA DA!!! Right on cue!

Hi honey, how was your day?




And your sarcasm is predictable too.




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