QUESTION

Marital liabilities while completing 6 month, no kids, separation

Asked on May 19th, 2015 on Divorce - Virginia
More details to this question:
During marriage I financed 2 cars in my name. Wife abandoned one car, resulting in me paying both car notes. While currently serving separation to complete 6 months as of July 15, 2015, the abandoned vehicle was reposed. Wife now financed new car in her name. Will not be uncontested divorce. Will she be partially liable for paying reposed vehicle although I'm legal owner and car was reposed during separation?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
There is no straightforward answer to your question.  In a divorce the court can divide any marital assets or debts however the judge decides is fair.  If you still owe on the repossessed car the court can take that into account and decide how much each of you will pay for it, but it will be looked at as just one part of the big picture, if there are other assets or debts.  The court will also take into consideration which of you has more ability to pay it.  If you make much more income than your spouse, then you may be assigned this debt even if it was her fault.  However, in no case can the court force the creditor to let you off the hook for it.  They can always come after you for the debt if your name is on it, even if the court says your wife has to pay you back for it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    
Answered on May 20th, 2015 at 9:27 AM

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