problems after the divorce

[byerebecca]

legally divorced mother from missouri. my ex and i took out a personal loan and a few credit cards while we were still married. since then, he walked out, and filed for a divorce. we agreed that he should be responsible for these debts . the divorce papers state this. it lists the creditors' names, accout numbers and the balance. it also states that he is soley responsible for these debts and the respondent (me) shall not be held accountable for them.
as you can probably guess, he is not paying the monthly payments on these accounts. the creditors are calling me for the overdue payments and also damaging my credit. i have told them what the divorce papers say. i have also asked a lawyer. i am being told that the creditors' contract with me and my ex overides the legal divorce papers that a judge has signed. can this be true? why did the court and lawyers even bother with making it apparent and clear in the paperwork if it wouldn't matter?
if this is true, what can i do about it?

 

[dorenephilpot]

What they told you is true.

The debts acquired by you and your ex are contracts between the two of you and the creditor.

The creditor was not a party to the divorce and therefore isn't bound by whatever agreement you came up with in the divorce.

The lawyers did what they could to hammer things out, and often people end up paying what they are ordered to in the divorce. They didn't serve you badly by dividing these debts out. This is the way it is done.

The problem isn't with the court or the lawyers, it's with your ex.

What you need to do is haul his patootie back to court for contempt for not paying the debts he was ordered to pay.

One more zinger that you should be aware of: If he files for bankruptcy protection, you have some unattractive choices:

1. Pay the debts yourself. 2. file for bankruptcy. 3. Let them all get judgments against you and start garnishing your wages or putting liens on your property.

Moral of this story for everyone (which most folks have to learn the hard way): Don't acquire ANY joint debts unless you are willing and able to pay the whole thing off by yourself.

Most creditors won't tell you this, but it's true: You don't have to have debts in both names just because you're married. Banks just like having two people they can hit up for the money.

Your case is a prime example of why joint debts or co-signing can lead to a lot of problems for you.

Best of luck to you. Tough situation.

 

[vrzirn]

My California divorce went to trial!! We were separated for 4 yrs before he filed (found another lady).We were business partners and I trusted him..During that time he stole from community assets, forged my name to credit cards, took equity out of real estate,and ran up debts in 6 figures.Divorce took no time at all but "reserved issues" went on for 2 years.There were no separation papers but court ruled we were separated from day he moved out of family home. Eventually, court ruled all the debts he had incurred, even those on cards with both names, were his alone. Paper trail substantiated my claims. He even had nerve to put penile implant on joint card!He had to give back everything he had stolen and pay part of my attorney fees. Education is always expensive. I was lucky I had good attorney, fair judge, good forensic accountant. I do not recommend this route. Get out, get divorced.