Divorce,Lawyer,When,the,In-Law law Divorce Lawyer: When the In-Laws Pay a Spouses Separate Deb
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
A divorce lawyer can help prevent problems from spiralingout of control. After one gets married,it is not uncommon for one of the spouses parent to pay off the other spousesdebt. If the debt existed before thecommunity property regime, then the debt is his separate debt. As you can imagine, issues arise with regardto whether a debt was separate or community property.If you feel you are owed because you paid off yourex-spouses separate debt, it is advised that you speak with an experiencedattorney. Sometimes you may be able torecover was the ruling in this case. However, when a debt is incurred as part of the community propertyregime, you cannot recover everything for which you paid. You will be entitled to one-half.Going through the facts of a case may help to explain howworking with a divorce lawyer early on can help minimize conflict. A Louisiana court reviewed a case whereby theformer-husband was ordered to repay his former wifes parents for a loan thatwas given to him to pay off a credit card debt.As a result, her parents paid $1,153.71 to a credit cardcompany just to get their former son-in-laws account current. Shortly thereafter, the parents took a $23,000mortgage from which they paid off their former son-in-laws account. The former son-in-law claimed it was a gift,while his former mother-in-law distinctly remembers extracting his promise topay $400 a month. It may have worked outeasier if a divorce lawyer had advised that this agreement be put into awritten agreement.The trial court ruled in favor of the former in-laws statingthat the debt which was paid off incurred before the commencement of the communityproperty regime. A problem with what thein-laws did is that their actions could be considered a donation rather than aloan to be repaid. Because neither sidehad a divorce lawyer to draft a contract reflecting the nature of the payments,it left the court to interpret the actions.The in-laws proved the existence of an obligation. As a result, the burden shifts to the debtor,the divorce lawyer, or other counsel to prove any defense. The son-in-law proved no payment, credit,offset, or any other defense. As such,the trial court did not abuse its discretion in awarding the full amount of theloan to the former in-laws. As such, theruling of the trial court was affirmed.From the view of a divorce lawyer, what can be learned fromthis case? Do not expect your separatedebt to be considered community debt. Eventhough you may have taken out a loan during the marriage, the debt to which theloan was applied was incurred before the marriage. However, if you and your spouse incurred debtduring the marriage, then that debt will be considered community debt for whichboth parties are responsible.Please note that thisarticle on separate debt is simply meant to be informational. Consult an attorney for legal advice. Will Beaumonts law office is in New Orleans,La.
Divorce,Lawyer,When,the,In-Law