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I am 30, have a 3 year old daughter and Multiple Sclerosis. I was granted Social Security Disability in Oct. 2004 (3 years after I first applied). My husband at the time was making enough money to pay our debts, which were (are) all in my name, on my credit. Since then, we moved back to Utah, from Seattle where we lived, and he was unable to procure a job that made enough money to continue to make all of the payments. We did everything possible to work with the creditors and make arrangements, but were unable to come to an agreement with any of them. (They made all sorts of offers over the phone, but then the bill would come and nothing they said on the phone ever came through.)
Last September, I moved out with my daughter because the strees of our relationship was causing my MS to continually relapse, he was abusing my prescription medication, and I didn't like the way he was treating our daughter as a result. After a few weeks, we talked about everything, a whole bunch, and I decided it was worth trying again, for our daughter's sake, if not for mine. Things went well for a few months, but as usual, have slid backward to the same old place. We have decided that it will be best for me to move out again, so he can get clean and decide what he wants, without putting me or my daughter through it anymore. I have been looking for a lawyer, and the ones that responed to my LegalMatch case are only bankruptcy lawyers; I need to know if that is my only option. I don't want the creditors to take our house (both names are on the title), and I don't want his wages garnished. I am doing a quit claim deed on the house, but I don't know if that will protect it. I also need to know if it would be best for us to be legally separated, or if just not living with him is enough. Any information on this would be greatly appreciated, and thanks in advance. ![]() Last edited by megabroke : 04-26-2006 at 01:52 PM. Reason: mistake |
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If funds for an Atty. is an issue, contact your local Legal Aide for guidance and your local Consumer Credit Counseling Office.
There are measures you can take to lower your payments without filing BK and alert creditors that you will not be responsible for your spouses debts beyond a specified date. However, there are legal proceedures that need to be followed for this to be acceptable. I doubt that Quit Claiming the house will get the bank off your back financially. They want their money. Your spouse would probably have to refinance the house in his name only to clear yours off the note. And you would be losing your share of the equity. Good Luck. |
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