Ex husband named me as creditor

[happyface01]

What is the name of your state? IL
My ex husband had signed a promissory note to me for the remainder of marital debt because his portion was attached to the house (which was mine with no equity) and it was being sold. He was making payments to me for $180 a month. A year later he filed bankruptcy and named me as a creditor and it was charged off. Do I not have any recourse at all? I paid my half of the marital debt and now I'm paying his. Thanks!

[tigger22472]

Originally Posted by happyface01

What is the name of your state? IL
My ex husband had signed a promissory note to me for the remainder of marital debt because his portion was attached to the house (which was mine with no equity) and it was being sold. He was making payments to me for $180 a month. A year later he filed bankruptcy and named me as a creditor and it was charged off. Do I not have any recourse at all? I paid my half of the marital debt and now I'm paying his. Thanks!

Are you saying that he was entitled to half of the sale of the home and that in turn was what was intended to pay the marital debt?

[Ladynred]

If his bankruptcy is over and his promissory note to you has been DISCHARGED (not charged off), then you really have no recourse at this point. The time to object to the discharge of that promissory note to you was DURING his bankruptcy. Now you're stuck with it.

When did he file bankruptcy ?
Was this debt he was paying to you in your divorce decree ?
And.. was it in any way part of spousal support ??

[happyface01]

He was not entitled to any part of the house - when we divorced there was no equity in the home at all and I received full ownership. I had supported him as a "part time student" for 10 years so there was no support. I had to wait a year to even divorce him until he got a job so that I wouldn't have to pay him alimony. He was granted discharge in January 06 and I didn't even find out about it until it was over as he used an old address of mine and I didn't receive notice until the discharge paper came - for which he used my correct address. He did continue to pay the $180 a month for 4 months after the discharge - for which I have proof.

[tigger22472]

Explain what you meant in your first post then that his 'portion was attached to the house.'

[happyface01]

His portion of the debt - we had roughly 60,000 in debt and it was split 50/50. However his part - because it was in his name through his work credit union - had the house as collateral. I was obligated to refinance the house so that he was free to purchase his own home - fine but to do that I had to assume the debt that was attached in my name only - thus the promissory note from him to me at the time of the refinance besides the divorce decree that said he was responsible for that loan. Looking back I should have never refinanced until he had paid it off or made othe arrangements to release it from the house.