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My ex and I bought a home in 2012. In 2013, we divorced. In the divorce it states that he is keeping the home and is responsible for all payments, maintenance, insurance and debts related to the home. It also states that he is to refinance the home to remove my name as soon as practical. I've been on him for 3 years to refinance and he always gives me excuses as to why he can't do it right now. Two days ago, I got a credit alert that I have a delinquent account. I come to find out that he's 2 months late on the mortgage. I contacted him and asked him to pay it because it's hurting my credit. He told me that he's considering filing for bankruptcy. He said he would be about to Kerri the house and his truck but everything else would be wiped clean. How is this going to affect me and is there anything I can do to keep this from hurting my credit or anything I can do to protect myself in this situation?
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Go to the divorce court and file a motion to find your ex in contempt of court for failing to comply with the court's order by not refinancing within 3 years.? Your ex's excuses won't carry any weight with the judge.
Answered on Oct 12th, 2016 at 7:07 AM
You need to meet with an experienced BK lawyer. Your questions are not easily answered at a website. You will have to pay for the consultation. Don't be penny wise and pound foolish.
Answered on Oct 06th, 2016 at 6:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: consult an experienced bankruptcy lawyer in your area. It's almost always worth the investment. Your lawyer will likely tell you that a debt which is assigned to a spouse not dischargeable in bankruptcy. You may want to file an adversary proceeding in his BR case asking the Court to declare that specific marital debts are not dischargeable-but that is not an absolute requirement. It sounds like he's just sounding off, or else his 'lawyer' is the chap sitting on the next bar stool.
Answered on Oct 06th, 2016 at 11:00 AM
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Bankruptcy could help you because it would alleviate his other debt so he could pay the house and car. You always have the option to go into family court and force his hand. He must do what he obligated himself to do with regard to the debt.
Answered on Oct 06th, 2016 at 11:00 AM
I have no idea what Kerri the house and the truck means. I can tell you that there is very little you can do to stop this train wreck. Family courts make orders for someone to pay debts and have no teeth to enforce these orders if the other party cannot or will not pay the debt or refinance.
Answered on Oct 06th, 2016 at 10:59 AM