Going to Trial for joint debt issue.....

S

sioux

New member
For those of you that have been into a court room for a trial / have experienced one, I have a question for you......

I am the applicant and the one that has to prepare the 'trial record' and have it served on the other party and file with the court. The outstanding issue from my original application i.e. the one issue that both parties haven't been able to resolve is:

a.) The joint debt in the form of line of credit

The other party also has a couple of claims of their own.

My question: Am I right in thinking in the papers / docs I'll be filing, focus should just be on my issue i.e. the joint debt, and not on the claims by the other party, as I wouldn't want to be acknowledging these claims and doing their work for them????? E.g. acknopwledging a claim for SS, will indicate that one is saying the person is entitled

Although I have made offers to settle that might have acknowledged these claims, trial judge is not privy to this until after trial for costs.

Please advise.
 
I have no advice to offer.

I am curious though. I assume one of you does not think the line of credit accumulated during the marriage should be split evenly. What is the reasoning for this?
 
I am curious as well, it isn't as if the law is vague on this point. I'm wondering if this is a tactic to get you to settle. If it's the ex who won't split the line of credit 50/50 (assuming the assets are also 50/50 split), then perhaps there is some gamesmanship here.
 
DowntroddenDad said:
I am curious as well, it isn't as if the law is vague on this point. I'm wondering if this is a tactic to get you to settle. If it's the ex who won't split the line of credit 50/50 (assuming the assets are also 50/50 split), then perhaps there is some gamesmanship here.
Click to expand...

Yes you will think that the law is pretty much clear cut on joint debts.....but ex' offer to settle suggest that I take the larger portion, while they take the little portion even though the LOC was spent on home related stuff that saw both parties getting equals when the property was sold.

Another reason why this is going to trial...ex is tying it into supposedly spousal support claim (compensatory type). I have been the one making the payment on the LOC since separation
 
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