how can my ex except all debt

[arjay1234]

What is the name of your state (only U.S. law)? pennsylvannia
My divorce is almost final but i wont sign until all our debt is final my ex is willing to except all marital debt . Is there any legal way of doing that couse she ruined my credit when we first seperated letting the house go and also car note even know i was paying her a good amount of money every month

 

[mistoffolees]

What is the name of your state (only U.S. law)? pennsylvannia
My divorce is almost final but i wont sign until all our debt is final my ex is willing to except all marital debt . Is there any legal way of doing that couse she ruined my credit when we first seperated letting the house go and also car note even know i was paying her a good amount of money every month

You can ask the court to order your stbx to accept (not except) all debt, but don't count on it. Marital assets and marital debt are normally split. You really need to start at the beginning and understand how things work. You can't simply walk away and expect her to pick up the debt without a court order to that effect.

Even if the divorce court gives your ex the responsibility of paying the debt, if your name is on it, then your credit will still be damaged if she doesn't pay.

 

[arjay1234]

i guess im screwed

so no matter what if both of our names are on it unless its paid there is no way of dividing or splitting up the debt

 

[mistoffolees]

so no matter what if both of our names are on it unless its paid there is no way of dividing or splitting up the debt

You can divide the debt in any way you wish - if you agree on it.

If you can't agree, the judge will divide the debt.

But, in either case, the lender is not a party to your divorce and if the bills are not paid on time, they will go after whoever's name is on the debt. If your name is on the debt, the lenders will come after you if the bills aren't paid. If you have a court order that it's your stbx's responsibiliity, then you can try to recover from her. But you are still on the hook as far as the lender is concerned.

 

[LdiJ]

You can divide the debt in any way you wish - if you agree on it.

If you can't agree, the judge will divide the debt.

But, in either case, the lender is not a party to your divorce and if the bills are not paid on time, they will go after whoever's name is on the debt. If your name is on the debt, the lenders will come after you if the bills aren't paid. If you have a court order that it's your stbx's responsibiliity, then you can try to recover from her. But you are still on the hook as far as the lender is concerned.

And the reason for that is the lenders are not a party to your divorce. They are bound only by the original credit/loan contract. Therefore if your name is on it, you are on the hook.

 

[arjay1234]

what do i do here

ok i come to the conclussion that my credit is screwed but how do i claim bankrupcy if we are both liable if im 200 k in debt with my ex how does it legaly get divided so that im only responsably for half.

 

[mistoffolees]

ok i come to the conclussion that my credit is screwed but how do i claim bankrupcy if we are both liable if im 200 k in debt with my ex how does it legaly get divided so that im only responsably for half.

See an attorney. You've already been told the basics and if you don't get it yet, you need help.

 

[LdiJ]

ok i come to the conclussion that my credit is screwed but how do i claim bankrupcy if we are both liable if im 200 k in debt with my ex how does it legaly get divided so that im only responsably for half.

You simply file for bankruptcy. If you file, most likely she will as well, but it will be irrelevant for you if she does or not.

I repeat, a divorce order can divide the liability, but again, the creditors are not a party to the court order and will not have to abide by it.

 

[arjay1234]

thank you

thanks for the help i know im a little slow with getting the picture just want it all over already thanks everyone..