Legal Question in Family Law in Minnesota

My wife and I filed for a Joint Petition, Agreement, and Judgement and Decree for Marriage Dissolution with Children. We did this a few weeks ago, and she continues to ask about the debts, which we did allocate in the paperwork, and now wants me to take more. She feels that the mortgage is not part of shared debts. Here is what we agreed to split:

Assets:

Me Her

$800 $800 - Split from our accounts

$300 - from sale of her car

$500 $500 - My IRA split up

Debts:

Me Her

$1100 - My Credit Card Debt

$6825 - Consolidation Loan

$5000 - LOC

$216 - Ambulance bill for me

$356 - Hospital bill for me

$230 - Medical bill for me

$116413 - Mortgage

$29260 - 2nd Mortgage

She keeps wanting more things, taking both beds, pots and pans, freezer, laptop, printer, two TVs, etc...

She now states that our debts are uneven, and that because I chose to stay in the house, that was my choice and I should still take on more debts. She feels it isn't fair that when we agreed on the splitting of debts, that the mortgage debt was included. We agreed to 50-50 custody of our son too. This was hard, but for fairness and for my son, even with her past drug using I wanted it to be fair on paper when filing.


Asked on 6/25/11, 9:29 am

1 Answer from Attorneys

I am a little confused about your question, but I will throw in my two cents worth. You stated that you have already filed, but a judgment and order has probably not issued yet. If you are planning on staying in the house you will need to refinance and remove her from the mortgage and title. You can't expect her to pay for half of a house that you will be living in and will probably sell someday. Everything is negotiable, but I find it hard to believe that a judge will sign off on your agreement if you are awarded the house and she is responsible for half of the mortgage.

Read more
Answered on 6/25/11, 10:37 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Minnesota