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Old 07-18-2003, 06:25 PM
rdoria
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Divorce and Debt?


What is the name of your state? Michigan

I don't know where to start. I've been married for 33 years, trusted my husband, and know that I shouldn't have. He announced he was leaving me 3 weeks ago and has been clearing his belongings out of the house ever since. I have discovered a massive amount of debt, some of which appears to have been established fraudulently.

We have two mortgages on our home, the first was joint (he discharged it as part of a bankrupty he filed 2 years ago...didn't let me know he was doing that), the second is in his name (I'm not on the loan doc, doesn't show on my credit report, etc.). I'm leaving the house, as I do not feel safe staying there (...he still has keys, comes and goes whenever he pleases, all bills still in his name and having mail forwarded to his new address, afraid of what he might do upon being served with divorce papers, etc.). I'm taking responsibility for the 1st mortgage, divorce or not, what is my responsibility for the 2nd mortgage given my situation? Is there anything I can do to ensure that I am not made responsible for this debt as a result of the divorce proceeding? Any negatives to me leaving the house (...it's a wreck and is worth less that is owed on it)? I've already determined I can't discharge this in bankruptcy because the creditor does not hold me responsible. Do I have any other options? I want to avoid bankruptcy if possible and continue to take responsibility for the debt that I established, but the pile of debt that I'm looking at that I had nothing to do with establishing is frightening.

I have received two collection notices in the past couple of weeks for credit cards that I know nothing about. One of them is a notice of arbitration. It is my position that my soon-to-be ex-spouse established these accounts in my name and then hid the statements and collection notices from me for at least the past two years. The original creditor and collection agencies are all unwilling to help me. I have asked for documentation proving it is mine (...signed credit application, credit slips/drafts, etc.), but have gotten nowhere. Help?
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