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
$800 - Split from our accounts
$500 - My IRA split up
Her
$800 - Split from our accounts
$300 - from sale of her car
$500 - My IRA split up
Debts:
Me
$1,100 - My Credit Card Debt - Single Debt
$116,413 - Mortgage - Joint
$29,260 - 2nd Mortgage - Joint
Her
$6,825 - Consolidation Loan - Joint
$5,000 - LOC - Joint
$216 - Ambulance bill
$356 - Hospital bill
$230 - Medical bill
She feels that the mortgage even though it was and is a joint debt, that it should not be factored into determining the division of our debts, if that's the case she said her apartment rent should be included then. The way we divided debt was on who needed what, and the cost. I pay roughly $1200/mo for the debts I took, and she pays $440/mo. But she is upset cause she financed a car after the filing, and has to get an apartment, and only works part time, and thinks she cant afford it all.
I asked this question and there was confusion that she was paying for part of the mortgage, and that is not the case. We split the debts as listed above, and she feels I should take either all the medical bills, the consolidation loan, or LOC to make it even.
How are the debts divided in a divorce when one person will be staying in the house? She says it should not be included as I chose to stay.
1 Answer from Attorneys
Generally, if a person is awarded the homestead, they also pay the debt and, in most cases, refinance to remove the other person's name. As a result, how the mortgage is included in the division depends greatly on what occurs with the home.