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    Advice if you have some

    I found this forum on goggle, and would just like to throw my story out there. I'm 42 years old, and my wife is 40. We've been together 16 years, and have two sons, 7 and 13. We live in a modest home that we bought for 140k, that is now valued at 300k. We have 401k holdings of about 98k. I earn 50k a year, while my wife makes 45k.

    What brings this tale of happy middle class living to halt is the fact that my wife is a compulsive gambler. For the 16 years we have been together, she has repeatedly snuck around a gambled. When I met her she was 15k in the hole. We worked through that. Throughout our years together, up until 2003, she had run up a total of 39k in gambling debts at various times. Everytime came the promise that she would stop. In 2003, she actually went to 15 therapy sessions. I kept VERY close tabs on her finances, but it wasn't good enough. 10 days ago she dropped the bomb. She had run up another 88k in gambling debt. What she had done is used our excellent credit to open personal lines of credit at banks, that I don't bank at. Basically unsecured loans. These are all in her name alone.

    I have had enough. I love her, and she is the mother of my 2 boys, but this insanity has to stop. We have done some serious talking this last week, and she admits to me that she can not stop gambling, and infact, to use her words at one point: doesn't really want to.

    This will destroy our boys, but I'm going to divorce her. I still love her, but I have put up with this behavior for to long. She said to me that her plan is to file for bankruptcy. I told her she needs therapy. When she called a bankruptcy lawyer to arrange for a free consult, he told her we had enough equity in our house to pay off her loans. I don't want to refinance my house, pay off her debt, and then cut her loose just to gamble some more.

    She told me she would give me an uncontested divorce, and give me child support. I doubt I'll see many payments. If we do get divorced, is she even capable of going bankrupt if she gives me the house? How will she live? All she has is her car, that's paid off. She's planning on moving into her mother's house.

    This is harder to write then I thought.

    Any thoughts or advice would be welcome.

    #2
    You're very brave to write this, and it's obvious that it is breaking your heart.

    DO NOT use your home to pay off her unsecured debts.

    You probably ought to seek some legal counsel yourself and find out how to protect your assets.

    While you love her and want to protect her, you should protect your home and your kids first.

    This is very painful, but you've come to the right place for some help and understanding.

    Comment


      #3
      I am so sorry. My Mom has a gambling problem, always has. I have no idea how far in debt she is, I don't want to know. You're right, your boys will be very upset about the divorce (unless it's been stressful in the house already), then maybe not, it might be a relief. It was for us girls when my parents split.

      Anyway, I agree with HenriettaHen, get an attorney for yourself pronto and find out what you can do to protect that house for you and your boys, they deserve to be able to stay in the same home.
      Petition Filed 6/4/07 :clapping:
      341 meeting 7/31/07 :clapping: :unsure:
      First Meeting Held and Trustee's Report of No Distribution 8/2 :yahoo::yahoo:
      10/15/2007 - DISCHARGED!:yahoo::yahoo::yahoo:

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        #4
        Welcome! There are several posters on here who filed because of gambling debts and it does get tricky due to the cash advances. So you have approximatly $150,000 equity in your house? Thats going to be a problem. Even if you divorce her if she sells or transfers her interest in the house to you and then files bk the the trustee will come after you for it and even sue you to get the money. Depending on the state you cannot tranfer assets (especially to an insider) within 1-2 years of filing bk.

        Its possible she could file 13 but with that much equity she would have to pay back 100%. Maybe have her check into CCCS for herself.

        The general advice is don't turn unsecured debt into secured debt. I am sure someone more knowlegdeable will come along during the day. The good news is at least she did'nt put your name on the debt!
        chap 7 discharge 06/07

        Comment


          #5
          What state?

          A couple have unlimited homestead exemeptions, a couple have none....

          Comment


            #6
            We will be here to help you through this. While I have not done as much research as others on this forum, I do know a few things:

            1) Do what you need to do to take care of yourself and your boys. Seek sound legal advice.

            2) Build a strong support system. Lean on your friends, members of the clergy, etc.

            3) Do not turn unsecured debt into secured debt.

            4) Know that although it is painful as h$&*, you are doing the right thing. You cannot change anyone's behavior but your own.

            5) Vent here anytime and feel free to PM me if you'd like.

            I know how hard it is to watch a loved one struggle with an addiction and not want to do anything to change.

            I struggled at one time with drinking too much (years and years ago) but made the decision that I love God, myself, and my family more than a drink. No amount of therapy, AA, etc. could do it for me. I had to make the right choices.

            Hang in there.

            jane
            Filed: 2/24/2006
            341 mtg: 4/4/2006:angel:
            Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

            Comment


              #7
              In addition to the GREAT advice you've already gotten,...........

              It could be possible for your wife to file BK AFTER you 2 get divorced and not impact you. You'll need Legal guidance in writing a strong Divorce Decree, that will establish the split of marital assets and debts. Make sure each detail is spelled out. Who gets what. Who's responsible for what debt.

              You can keep the house solely in your name. She can walk with her debts solely in her name. However your attnys work out the terms. If you can manage to keep the Divorce as amicable as possible, it will be easier all around. Not just for you, but your boys as well.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                The most important info to know is WHAT STATE ARE YOU IN? I think we will be able to give you more info if we know that info.
                Chapter 7 Pro Se....Discharged Feb. 2006

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