I work full time. My mother watches my daughter. I am in the process of divorcing my husband who is mean and abusive. My credit sucks already but i don’t think I’m going to be able to keep up with the payments that we share. I have full custody. We have two loans together totaling about $5,000 but no other credit cards or anything like this
What’s going to happen when we divorce, who gets what loan and if I cant afford the payment what do we do?
It sounds like you are getting out of a bad situation, good for you. The safety of you and your child is always more important than any financial matter.
When you divorce, you and your spouse come to an agreement on who is going to be responsible for what debt. Often this does not end well and in your case it sounds like you can’t afford to pay anything at all. In that case, no matter what the agreement between you two, these loans are not going to be paid as agreed.
Most people don’t understand that when you divorce, you split from your partner, you don’t divorce your creditors. Any joint debts before the divorce, remain joint debts after the divorce. Any repayment agreement is between the two of you and does not impact your legal liability for the debt.
While the debt amount is not very high, compared to others, if it is out of reach for you to pay part of the debt then it is simply too much for you to handle. If you and your ex-husband come to an agreement that you need to contribute monthly payments towards servicing the debt and you are unable to make those payments, it will probably lead to an unfortunate confrontation between you and your mean and abusive ex.
Based on your situation and the relationship issue that exists, it would not be unreasonable for you to consider bankruptcy as a way to break yourself totally free from your ex-husband. If you go bankrupt, all joint debts will then be his responsibility. He can elect to pay them or go bankrupt himself, but in my book, that’s his issue to deal with.
I would suggest that you click here for a free bankruptcy consultation and meet with a local bankruptcy attorney. Let the attorney know all of these facts about the abuse you have suffered from your husband. It will be relevant to the attorney in advising you about bankruptcy.