QUESTION
Who is responsible for the debt now that my ex-wife was dead but I was listed as the main debtor?
Asked on Feb 09th, 2013 on Bankruptcy - New York
More details to this question:
We got a divorce in 2009. SHe was responsible for her car payment and the house but my name is the main debtor on both. She died. Who is responsible now?
8 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on where you live and when the debt was incurred.
Answered on Feb 15th, 2013 at 6:21 AM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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If you in fact were personally obligated on the account, you are responsible. Divorce decrees do not affect the rights of the creditor.
Answered on Feb 13th, 2013 at 9:02 AM
Adoption Attorney serving McAlester, OK
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Jeff P. Herrick
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You are now solely responsible on the debts under the terms of the contract that you signed with the creditors.? The provisions of your divorce decree are not binding on third party creditors.
Answered on Feb 13th, 2013 at 9:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Her estate and then you.
Answered on Feb 13th, 2013 at 9:01 AM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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Unfortunately you are. But you should also be able to take possession of both, although the house may be a bit more tricky depending on how it was titled.
Answered on Feb 13th, 2013 at 9:01 AM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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You are responsible for any debt you incur from the creditor's perspective. They are not prevented from collecting against one of the co-signers because for a divorce decree. That divorce decree only gives one spouse the right to sue the other if they don't follow the decree. If that ex-spouse dies, their estate essentially takes their place in this regard.
Answered on Feb 13th, 2013 at 6:45 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Unfortunately you are. If you signed onto a loan, a divorce does not change your status with he creditor.
Answered on Feb 12th, 2013 at 11:26 PM
Kevin J. Connolly
From what you say, you and your ex's estate are liable for these debts.
Answered on Feb 12th, 2013 at 11:24 PM