Reassignment of Debt after Ex Fails to Pay Mortgage

[zep.devs]

What is the name of your state (only U.S. law)? Ohio

In my divorce, the debt's were divided and language was in the decree agreeing to hold each other harmless for each portion of the debt. My ex got the house in the divorce and proceeded to not make 1 mortgage payment. The bank has now started foreclosure on the home. Due to this, I consulted a bankruptcy attorney and am filling chap 13 and surrendering the house. The issue comes in with 2 credit cards that are in my ex's name which cannot come under the bankruptcy. The attorney mentioned something about trying to file something for reassignment of debt. Basically a motion that because I was harmed by defaulting on the mortgage, petition the court to have the 2 credit cards in her name become her responsibility. Has anyone ever seen this before or know what kind of motion would be filed for that?

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio

In my divorce, the debt's were divided and language was in the decree agreeing to hold each other harmless for each portion of the debt. My ex got the house in the divorce and proceeded to not make 1 mortgage payment. The bank has now started foreclosure on the home. Due to this, I consulted a bankruptcy attorney and am filling chap 13 and surrendering the house. The issue comes in with 2 credit cards that are in my ex's name which cannot come under the bankruptcy. The attorney mentioned something about trying to file something for reassignment of debt. Basically a motion that because I was harmed by defaulting on the mortgage, petition the court to have the 2 credit cards in her name become her responsibility. Has anyone ever seen this before or know what kind of motion would be filed for that?

The court can't force the credit card company to release you from the debt and you've seen how successful the court has been in forcing her to pay...

 

[zep.devs]

The court can't force the credit card company to release you from the debt and you've seen how successful the court has been in forcing her to pay...

Thanks, I understand about the credit card companies. Everything that has my name on it is being handled through bankruptcy. There were 2 credit cards that my name is NOT on but I am ordered in the decree to pay. The only one I would be in trouble with for not paying is the court. I am asking, due to the change in circumstance, if there is a motion that can be done so that I am no longer the responsible party ( in the divorce decree ) for these 2 debts.

 

[Zigner]

Thanks, I understand about the credit card companies. Everything that has my name on it is being handled through bankruptcy. There were 2 credit cards that my name is NOT on but I am ordered in the decree to pay. The only one I would be in trouble with for not paying is the court. I am asking, due to the change in circumstance, if there is a motion that can be done so that I am no longer the responsible party ( in the divorce decree ) for these 2 debts.

Ahh, I see what you are trying to do. You are trying to have the original decree modified. You will likely want the assistance of an attorney on this.