Tag: Marital Property

Exclusive Possession of Marital Residence

July 07, 2010 | Blog, Divorce, Marital Property

Icon for author Brian Vertz Brian Vertz

A thorny┬áissue that arises early in many divorce proceedings is the question of who may live in the marital residence during the separation period. Generally speaking, the courts will not evict either spouse from the marital residence during separation if they are living together peacefully and have not voluntarily moved away. This principle leads some devious spouses to seek questionable or even fraudulent protection from abuse (PFA) orders. Spouses who […]

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Credit Cards and Divorce

June 26, 2010 | Blog, Divorce

Icon for author Brian Vertz Brian Vertz

Divorcing spouses often ask me about credit card debts and loans. While a divorce court may assign responsibility for paying credit card debts and loans that were incurred during the marriage, the court generally lacks jurisdiction over the creditors. In other words, the divorce court cannot force the credit card issuer to collect from one particular spouse if both spouses were cardholders. If both spouses’ names are on the credit […]

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