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Liability for Husband's Debts

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wednesday13

Guest
What is the name of your state? Massachusetts.
I have been married for almost 12 years and we have no children together.
We separated nearly 2 years ago, and have split up all of our financial interests. He bought me out of our home mortgage in the year 2000 and we have had no joint credit cards since early 2000 as well. I also filed a seperate 2001 tax return.
The home he bought me out of went into foreclosure 6 months ago.
I'm trying to get our divorce going, but he says he's afraid he'll be hauled away for that debt Approx. $12K.
Is he giving me a line here? I know where he's staying and working, but without his consent, would the divorce be difficult? And is there a special way I should go about it? We wanted a slef filed uncontested divorce to avoid some legal fees.
Also, am I liable in any way for any of his debts since we're still legally married? I know he's racked up quite a few besides the mortgage company. Credit cards , cell phone company, etc. incurred in his name only and after we seperated.
 


JETX

Senior Member
Lets go over these one at a time:

1) "He bought me out of our home mortgage in the year 2000"
When you say 'bought out', did this include a refinance of the home to remove your name from any liability.... or was it just an equity buy-out??? If your name is still on the mortgage, you can be liable if he breaches the payment agreement.

2) "and we have had no joint credit cards since early 2000 as well."
Again, do you currently have ANY cards opened in both names??? If so, close those accounts in WRITING.

3) "I also filed a seperate 2001 tax return."
This has no bearing on your legal financial obligations to debts.

4) "The home he bought me out of went into foreclosure 6 months ago."
See #1 above. If your name is still on the mortgage, you have a problem.

5) "I'm trying to get our divorce going, but he says he's afraid he'll be hauled away for that debt Approx. $12K.
Is he giving me a line here?"
You can't get 'hauled away' over a debt, so I really don't know what his concern is. He very probably has already gotten a credit file 'hit' over the foreclosure and BOTH of you could be subject to further actions by the creditor.

6) "I know where he's staying and working, but without his consent, would the divorce be difficult?"
Yes. It is safe to say that without his consent, your divorce just can't happen.... unless you wait several years and try to declare abandonment (but your knowing where he is prevents that!).

7) "And is there a special way I should go about it?"
Nope. You just 'go about' it the normal way.

8) "We wanted a slef filed uncontested divorce to avoid some legal fees."
Get a book.

9) "Also, am I liable in any way for any of his debts since we're still legally married? I know he's racked up quite a few besides the mortgage company. Credit cards , cell phone company, etc. incurred in his name only and after we seperated."
MA is not a community property state so you shouldn't have any concern on debts that are clearly in his name. However, the mortgage does concern me.
 
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wednesday13

Guest
Thanks so much for the quick response!
I really appreciate the advice.
I've attached answers to your question below.

1) .....Yes, his refinancing included removing my name from the mortgage. ...
When you say 'bought out', did this include a refinance of the home to remove your name from any liability


2).....No we currently have no credit open in both of our names. But since I no longer trust him, would my credit report list anything that he may have recently opened without my knowledge?....
Again, do you currently have ANY cards opened in both names???

5) ...... So when you say we could BOTH be subject,do you mean only if my name was on his refinancing?.....
You can't get 'hauled away' over a debt, so I really don't know what his concern is. He very probably has already gotten a credit file 'hit' over the foreclosure and BOTH of you could be subject to further actions by the creditor.

6)...... So, then I could just have him served and whether he signs and returns the forms or not, the divorce proceeds or doesn't proceed? I'm not sure what you mean by the "normal way" mentioned in #7 or if a book, as mentioned in #8, could then make it happen.

Yes. It is safe to say that without his consent, your divorce just can't happen.... unless you wait several years and try to declare abandonment (but your knowing where he is prevents that!).

7) "And is there a special way I should go about it?"
Nope. You just 'go about' it the normal way.

8) "We wanted a self filed uncontested divorce to avoid some legal fees."
Get a book.



__________________
Judgment Enforcement of Texas
emailto: [email protected]
Website: http://jrt.cjb.net/
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"This communication is not intended to be, nor should it be interpreted as, legal advice. Do NOT act or rely upon this OPINION without seeking the advice of a competent attorney in your state."
 

JETX

Senior Member
Your response that the property has been refinanced solely in his name removes a HUGE concern that I had. Many, many people assume that a divorce order just means that they are no longer responsible for a joint debt and it simply does NOT work that way.

So, back to your questions:

Q1) "But since I no longer trust him, would my credit report list anything that he may have recently opened without my knowledge?"
A1) Not necessarily. It is fairly common for creditors to not report your account activity at all, much less frequently. However, the best thing that could come from your reviewing your credit file would be the 'inquiry' section. It will show who has made an inquiry into your credit history.... which is often someone who is considering or has recently granted credit in your name. And while you are talking with the CRA (Credit Reporting Agency), ask them to put a 'fraud alert' on your files. When a creditor gets a credit app in your name and checks your file, they will (hopefully) see this alert and contact your directly to verify that YOU made the application.

Q2) "So when you say we could BOTH be subject,do you mean only if my name was on his refinancing?
A2) Yes. If your name is NOT on the mortgage, you will have no liability.

Q3) So, then I could just have him served and whether he signs and returns the forms or not, the divorce proceeds or doesn't proceed? I'm not sure what you mean by the "normal way" mentioned in #7 or if a book, as mentioned in #8, could then make it happen."
A3) Simply, you cannot just get a one-sided divorce. You will need his signature. As for how, there are some good self-help books on divorce and how it 'works'.
 

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