Ex-wife not making payments on loan that is her responsibilty?

[jimbl]

What is the name of your state? Michigan

Hello,

I need to know if I have any legal recourse towards my ex-wife for her not making payments on two loans that are legally her responsiblity? These are obviously loans we had together prior to the divorce but are now her responsibility and that fact is clearly stated in the divorce decree. This is affecting my credit and any info would be appreciated!

Thanks,
Jim

[moburkes]

Originally Posted by jimbl

What is the name of your state? Michigan

Hello,

I need to know if I have any legal recourse towards my ex-wife for her not making payments on two loans that are legally her responsiblity? These are obviously loans we had together prior to the divorce but are now her responsibility and that fact is clearly stated in the divorce decree. This is affecting my credit and any info would be appreciated!

Thanks,
Jim

Then pay off the loans, and sue her in court for what she owes you.

[jimbl]

Originally Posted by moburkes

Then pay off the loans, and sue her in court for what she owes you.

I thought of that (actually my wife did, I am re-married), but that means I have to come up with that money (which I can't right now) and then also pay legal fees. I like the idea, but until I have the money to pay off the loans that is not an option. Is this my only option?

Thanks,
Jim

[moburkes]

Unless you want your credit to tank even more. This is the type of stuff that people don't think about when they get divorced. What happens if/when...

[jimbl]

Originally Posted by moburkes

Unless you want your credit to tank even more. This is the type of stuff that people don't think about when they get divorced. What happens if/when...

Thanks for your replies. I guess what confuses me is why do we even legally document who is responsible for what if the only way to make them accountable is to pay it off? Seems a little backwards. If it were a $150,000 mortgage, I'd have to pay the house off then sue her, that's impossible except for people who are rich, in which case I wouldn't be here getting FREE advice.

Thanks,
Jim

[moburkes]

Originally Posted by jimbl

Thanks for your replies. I guess what confuses me is why do we even legally document who is responsible for what if the only way to make them accountable is to pay it off? Seems a little backwards. If it were a $150,000 mortgage, I'd have to pay the house off then sue her, that's impossible except for people who are rich, in which case I wouldn't be here getting FREE advice.

Thanks,
Jim

The confusion is that you expect the creditor to be held to your divroce decree, which is impossible. They weren't a party to it. People break contracts all the time. The only way to enforce it is to sue. With a mortgage, you could have requested that the house be put up for sale, or refinanced, as a condition. People break contracts like that all of the time as well.

[jimbl]

Originally Posted by moburkes

The confusion is that you expect the creditor to be held to your divroce decree, which is impossible. They weren't a party to it. People break contracts all the time. The only way to enforce it is to sue. With a mortgage, you could have requested that the house be put up for sale, or refinanced, as a condition. People break contracts like that all of the time as well.

I have to admit, at first I did expect the creditor to understand my situation, but of course I now know I was ignorant to the situation. This isn't a mortgage, I was only using that as an example. Well at least I have an idea of what I am up against now. Thanks for the info, it is appreciated.

Jim