How do I remedy a debt that was assigned to my ex-husband?
March 7, 2011 · Posted in Improve Your Credit Score
When my ex-husband and I got a divorce, the divorce agreement stated that he would take two debts that he incurred while we were married. They were his responsibility but they are still showing up on my credit report. Is there any way to stop these debts from being reflected on my credit?
Any help at all is appreciated.
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No.
You incurred the debts during your marriage. Your creditors were not party to your divorce agreement.
If you are contacted by a collection agency concerning these bills, you have the right per your divorce agreement to take your ex to court and sue him for the amounts owed.
If you are the primary or a co-applicant then there is no way to stop the accounts from reporting to your credit report. What you may need to do is go back to the divorce court and see if you can get the court to enforce its order for your husband to pay (garnishment). Otherwise, you’re stuck.
Since the lender signed an agreement with both of you, you are both obligated to the lender. Even though the divorce court awarded him those debts, the divorce court cannot break your contract with the lender. Only a bankruptcy court can break financial contracts.
Hello,
Your creditors were not party to your divorce agreement. What you may need to do is go back to the divorce court and see if you can get the court to enforce its order for your husband to pay. Since the lender signed an agreement with both of you, you are both obligated to the lender.
It doesn’t seem fair that you cop the blame for your husbands debt but that is one of the ‘down sides’ of co signing and agreement.
One would think a divorce court would look favorably at your situation but it means going back to court, which most people try and avoid – even if it is just to avoid the stress of having to deal with the ex.
I would head to divorce court. They would be able to settle the case for you.
I believe not.
I had a girlfriend that was in a very similar situation and she did go to court to get it remedied but there may be varying state/county laws that will come into play.
Good luck
Selina
Selina @ Total Curve´s last [type] ..Girls- Make It A Happy Spring With Total Curve
This happened to me and it was a pain. had to go to court.
I’ve had friends and clients with this same problem. It sucks. The only solution will probably be to get an attorney involved.
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Hi there – I wanted to get in touch to enquire about a guest post but couldn’t find a contact link. Email me at matt(at)herodigital.co.uk if you might be interested
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My sister was in the exactly same situation. She had to get a lawyer, but it still took her almost 2 months to get it remedied. In the mean time you probably will have to pay the debt. Later you can charge your husband to pay you back the money you spend.
Yea you are right this happened to me also.
I haven’t encountered this such problem yet.I know that it seems so unfair on your part that you will be paying for your ex-husband’s debts. I guess ,if possible, you try asking the creditors if they can transfer the debts to your ex-husband or else just seek a legal advice on this matter.
I have less experience about.I think you have to discuss with well known consultants that will solve your problem.It depend to remedied time span and hurdles that will occur in way..
You are going to get wacked on your credit for this until it’s paid. He may get in legal trouble if you pursue it enough but the credit bureau doesn’t care what anyone says, as long as it’s not paid your credit will suffer. If you need to finance something, you may be able to provide court documents to aid your case but you’ve got a situation there.
Your best option is to petition the court for action or penalty
I think it is better to consult a lawyer about the situation. It is because the lawyer might have the idea on how to deal with this problem and he could be able to provide you legal advice about the situation.
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Happy to see your blog as it is just what I?ve looking for and excited to read all the posts.
I am look onward to another grand article from you.
You are probably best asking your bank. If you have the agreement, then I’m sure they will be in a position to help.
Richard@Fake Grass´s last [type] ..Artificial Grass
Lawyers can help you out with your problem regarding this matter…
Consult an expert or a lawyer for that…
It would be worth a shot to send the divorce decree to the credit agency and see if they will pull your name off the debt. Otherwise, you’ll probably have to take your ex back to court or somehow apply pressure on him to pay the debt. A consultation with an attorney would be wise, depending on the amount of the debts…
A lawyer is the right person to seek help. However, if its just a small amount I guess a good talk will resolve the issue. Good luck.
I guess you should talk it out with your ex-husband first. You might just find a good solution for it before consulting a lawyer.
It was really interesting to read. I hope this is helpful
I would suggest you not to take any risk by doing it yourself. I personally think you should not be held responsible for that however i think you should better consult a lawyer.
I think the best move is you get an attorney so you’ll also know what are the things you can do about it.
This looks really familiar and I thank you for sharing it to us here…We appreciate it…Good job!!
Cherry´s last [type] ..breaking up advice
I think you need to talk to a lawyer. You might be able to find someone that you don’t have to pay unless you win the case, that way you’re not worried about wasting money. Either way, I think it needs to go to court. I’d also recommend working with a CPA CPE in the future to help with financial advice. I’m sorry for your troubles. Best of luck!