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Dividing Debt in a Divorce

Question of the Day:

My husband and I are getting a divorce and our trying to do it without lawyers. We've agreed on what debt goes to who however, we have about $30,000 that we owe to his mother that she has let us use her credit cards taken out a loan etc in the course of our marriage. How do we, on the paperwork show this debt since it is not in either of our names. Without this debt included, his debt load is a lot less than mine on paper and so we're afraid the judge is going to give half of mine to him. If we have her write something up showing we owe her this money will that make a difference or what are we to do? – Judi

Answer:

Judi: You can document a loan with a promissory note which you can find at most business stores. The best way to approach the judge is with a signed and written marital settlement agreement that explains, among other things, how the debt is divided, who will pay what and when.

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