SO Debt

[chispas 0]

Hello VJers.

I'm in a difficult situation I need suggestions for a course of action. The get an attorney part I've heard and don't have the money to fight it at $350 per hour. I was married in 2005 in Caly, community property state, and in 2006 bought a car and put my husband's name on it to help him get credit. (bad move) As soon as he discovered he had credit, he took out several credit cards, ran up the limits and never paid them off. He was diagnosed by a doctor and committed for having a psychological disorder. He took off several times, I withdrew the support, I went to the interview and said we were not together and he still got his ten year green card. Currently I don't know where he lives and he is vile or violent when the mood strikes. Now... with the prices of homes so low in Caly, I'd like to purchase a home. I was told by my banker that FHa will calculate his debt as my debt to income ratio because because we were married at the time the debt was created. His debt is $33000. They also said they need him to sign a note saying that he knows I'm buying a house without his name on it. I feel that I've been raped financially already, and paid off tons of bills that he had left behind that was in both our names. How can I deal with this anvil that has been around neck and move without his debt. Last thing, on his 2007 W-2 he changed his deductions to 99 without telling me. I had to go back and file innocent spouse in order to remove myself from his fraudulent actions. What next? Caly is community property and it is nothing but debt that I got out of this guy.

[Bobby+Umit 161]

1. are you still married to him?

2. are the credit cards in his name, or in both your names? Did you sign any paperwork for this card? Did you ever use any of these cards?

3. Have you checked your credit rating/report? What is listed there?

[chispas 0]

1. are you still married to him?

2. are the credit cards in his name, or in both your names? Did you sign any paperwork for this card? Did you ever use any of these cards?

3. Have you checked your credit rating/report? What is listed there? )

1. Legally separated

2. his name only, I never used them, didn't know he had them until the end

3. He's not on my credit report. Only the car appears

Edited March 24, 2009 by chispas

[cassi9879 20]

Have you tried Legal Aid (or whatever it's called in CA) for free/reduced attorney costs?

[Bobby+Umit 161]

1. are you still married to him?

2. are the credit cards in his name, or in both your names? Did you sign any paperwork for this card? Did you ever use any of these cards?

3. Have you checked your credit rating/report? What is listed there? )

1. Legally separated

2. his name only, I never used them, didn't know he had them until the end

3. He's not on my credit report. Only the car appears

Ok, you can fight the debt, since it's not in your name, but his. Consult a lawyer on that one.

Since you are still "married", they are correct about letting him know about the house. I would recommend you get divorced ASAP, then get a court ruling on the debt. Hold off buying the house until you do.

But in either case, consult a lawyer.

[chispas 0]

1. are you still married to him?

2. are the credit cards in his name, or in both your names? Did you sign any paperwork for this card? Did you ever use any of these cards?

3. Have you checked your credit rating/report? What is listed there? )

1. Legally separated

2. his name only, I never used them, didn't know he had them until the end

3. He's not on my credit report. Only the car appears

Ok, you can fight the debt, since it's not in your name, but his. Consult a lawyer on that one.

Since you are still "married", they are correct about letting him know about the house. I would recommend you get divorced ASAP, then get a court ruling on the debt. Hold off buying the house until you do.

But in either case, consult a lawyer.

Thanks for the info. I can look back now and say I was not prepared for the responsibility what the Caly laws are. I was married before and it was nothing like this at all even though we had tons of assets together. Never an issue like this thing that is just killing my soul

[Sylvia_n_Joseph 3]

Ok the big question. Did he apply for the credit cards by signing his name only or both your names. If he forged your name you technically don't owe anything If he only signed his name you are liable . While you were a couple ( before the date of legal separation ) Either of you had the right to occur dates as part of the community and even use both incomes as assets. However community property rights does not include the right to sign your signature. Many places won't give large loans without both signatures so they the have the advantage of both parties showing they agreed to the debt. But only one signature is required

[chispas 0]

Ok the big question. Did he apply for the credit cards by signing his name only or both your names. If he forged your name you technically don't owe anything If he only signed his name you are liable . While you were a couple ( before the date of legal separation ) Either of you had the right to occur dates as part of the community and even use both incomes as assets. However community property rights does not include the right to sign your signature. Many places won't give large loans without both signatures so they the have the advantage of both parties showing they agreed to the debt. But only one signature is required

He signed all in his name and had all the bills going as online billing so they didn't show up at home. I found out little by little when I first started to purchase a home in 2007 and I was in shock that he had credit cards. We had numerous arguments and discussions about the fiduciary responsibilities of each party in a marriage. That didn't help anything, but he eventually just didn't pay anything, as I see now, and the accounts were closed by the credit card company. My feelings are that his "friends" that he met here filled him in on how to do things in America. Gotta go

[taurean 0]

Is there any way to get the divorce finalized before you try and purchase a home? Doing so would proably circumvent you trying to get an agreement from him about getting the mortgage. As for the other issues, I have don't any additional advice other than seeking legal aid to see if they can help out.

[Cham 3]

Here is some advice I would file for divorce before you decide to try to buy ANYTHING

Then in DETAIL put what bills you want him to have and I mean IN detail..name of company and so on ( you can do it yourself.

Every state I know has a procedure to get service of process on a defendant whose address is unknown and cannot be found with reasonable diligence. Typically, you would need to file a complaint for divorce and get the court's permission to obtain service of process by publication. Then you would publish a notice about your divorce complaint in a newspaper of general circulation in your county, for several consecutive weeks (typically four). After the publication, you are deemed to have obtained service of process on your spouse. Wait another 30 days to give your spouse time to respond, and then you can apply to the court clerk for a declaration that your spouse is in default. This clears the way for you to provide testimony to the court, on the basis of which it can grant you a divorce from your spouse. Most any lawyer who handles divorces would be able to help you with this.

You said you were in Caly okay here you go:)

If I can't locate my spouse, how can I serve divorce papers?

If you don't know where your spouse lives you can't personally serve your spouse with divorce papers. There's a process in California called Service by Publication. In order to do that you need a court order to serve the summons and petition by publication in a newspaper. In order to qualify for Service by Publication, you have a number of steps to take to prove to the court you've done everything you can do to find your spouse. Once you complete the steps, you get an Order of Publication. It's published in a newspaper once a week - for around four to six weeks - and at the end of that process, you've got service for your divorce.

[chispas 0]

Here is some advice I would file for divorce before you decide to try to buy ANYTHING

Then in DETAIL put what bills you want him to have and I mean IN detail..name of company and so on ( you can do it yourself.

Every state I know has a procedure to get service of process on a defendant whose address is unknown and cannot be found with reasonable diligence. Typically, you would need to file a complaint for divorce and get the court's permission to obtain service of process by publication. Then you would publish a notice about your divorce complaint in a newspaper of general circulation in your county, for several consecutive weeks (typically four). After the publication, you are deemed to have obtained service of process on your spouse. Wait another 30 days to give your spouse time to respond, and then you can apply to the court clerk for a declaration that your spouse is in default. This clears the way for you to provide testimony to the court, on the basis of which it can grant you a divorce from your spouse. Most any lawyer who handles divorces would be able to help you with this.

You said you were in Caly okay here you go:)

If I can't locate my spouse, how can I serve divorce papers?

If you don't know where your spouse lives you can't personally serve your spouse with divorce papers. There's a process in California called Service by Publication. In order to do that you need a court order to serve the summons and petition by publication in a newspaper. In order to qualify for Service by Publication, you have a number of steps to take to prove to the court you've done everything you can do to find your spouse. Once you complete the steps, you get an Order of Publication. It's published in a newspaper once a week - for around four to six weeks - and at the end of that process, you've got service for your divorce.

Thanks for the advice. At one time I had dreampt of getting an annulment, but now divorce is one thing I see I need desperately. He promised to publish my budoir pictures of 16 years ago online and to tell my job horrible things about me even making abuse comments if I do anything. He even told the police and other witnesses this during one of his lapses. So I'm just going to have to let him do what he feels he gotta do because my soul and illness can't take any more of this. Not any more.

Thanks guys