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Author Topic: Separation: liabilities, buying a house and joint accounts  (Read 1508 times)
jelahi
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« on: December 28, 2006, 09:45:24 AM »

I’ve been separated since mid Oct 2006 after marriage of 24 years.  Walking out with our kindergartner was very difficult but necessary for the child’s sake because of the drinking and substance abuse. I’ve never wanted to be divorced and do not want to file.  He is still the father of my child and although we cannot live together, deep down he is not a bad person, just too many issues.  One of the issues is lack of responsibility, fiscal and otherwise.  I’ve always been the major wage earner and all our accounts are joint, most with his name first (Tom and Jane Doe).   
1) Being we are separated-or living in separate residences anyway, if he gets into an accident (remember the drinking), what can I be liable for? 
2) I want to buy a house and am trying to figure out how to do so but I was told he would have claim to a house even though his name is not on the mortgage.  What does this mean?
3) We have little debt, was 0 till this month when I had to pay 2 months rent and he spent more than I would have planned on Christmas.  I am leaving the accounts as-is due to the upcoming house purchase.  I do not foresee him doing anything stupid or nasty – since I do not have what I consider a permanent residence, what few bills we have come to his house and he pays out of the joint account, but are there any repercussions to this that I’m not considering?  We live in Florida, if that helps at all. 
Maybe I'm an ostrich about divorce but right now I feel a bit overwhelmed with things to consider. 
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Lee Borden
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« Reply #1 on: December 28, 2006, 12:23:27 PM »

Answers below.

1) Being we are separated-or living in separate residences anyway, if he gets into an accident (remember the drinking), what can I be liable for?
You are not liable for your spouse's debts or negligence, but you are liable to the extent you are yourself negligent (for example, handing the car keys to a man you know to be drunk). And to the extent you and he own property together, that jointly own property is subject to levy to satisfy his debts and judgments against him.
2) I want to buy a house and am trying to figure out how to do so but I was told he would have claim to a house even though his name is not on the mortgage.  What does this mean?
It means that, except in the most extreme of circumstances, you don't try to buy a house until your affairs with this man are set. To try to buy a house at this point just makes everything more complicated.
3) We have little debt, was 0 till this month when I had to pay 2 months rent and he spent more than I would have planned on Christmas.  I am leaving the accounts as-is due to the upcoming house purchase.  I do not foresee him doing anything stupid or nasty – since I do not have what I consider a permanent residence, what few bills we have come to his house and he pays out of the joint account, but are there any repercussions to this that I’m not considering?  We live in Florida, if that helps at all.
Maybe I'm an ostrich about divorce but right now I feel a bit overwhelmed with things to consider. 
You mentioned that you're the primary wage earner. Ask your lawyer whether there's any risk that you're making it more likely that a judge would order you to pay him alimony by continuing to contribute to his support. That's always a risk with these "unstructured" separations.
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