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responsible for ex's debt?

  • Thread starter Lil Miss Smarty Panties
  • Start date

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L

Lil Miss Smarty Panties

Guest
What is the name of your state? Indiana

Not sure if I am posting this in the right catagory but here goes...

Divorced in TN, final in 2001. EX got the house. Ex lived in the house for about 2 yrs then filed bankruptcy. Now the lien holder is coming after me to pay the balance owed on the house. This was a gov loan and they are intercepting my current husbands tax returns for my ex husbands bad debt because we filed jointly. Yes we are going to file an injured spouse claim. I had no income myself for 2002, this was all my current husbands income.

My question is, how can they hold me responsible for this debt when I gave him the freaking house in the divorce? And how do I get his bad debt out of MY name so we don't have to file an injured spouse claim every year?
 


stephenk

Senior Member
Were you on the mortgage as a co-signer? If yes, then you are equally responsible for the debt.

As part of the divorce decree was you ex supposed to refinance the house in his name only? If you just signed a quitclaim to him, you are still on the loan. The bank doesnt need to recognize your divorce decree.
 
L

Lil Miss Smarty Panties

Guest
So what is the point of a quitclaim? I have no right to occupy the house but I'm still financially responsible for it? I sure wish I had been told that, I had no idea.

So the only way for me to get rid of this debt is to file bankruptcy myself? There is no way I'm paying my ex husbands debts and I'll file if I have to.
 

stephenk

Senior Member
a quitclaim just says you no longer have any right to the property that your ex occupies. The loan paperwork you signed is a different animal. You and your ex agreed to pay the bank for the money they loaned. If either one of you defaults on the payments the bank can go after the other one.

Is the ex still living in the house? Was his portion of the debt discharged? You may want to post your question in the bankruptcy section. Sorry.
 

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