bank put lien on property for ex-husband's debt

Hawaii
When I was divorced a number of years ago the court awarded me the home and stipulated certain debts were the responsibility of my ex. There was a credit card debt and the bank dismissed the case against him (despite the decree) and has put a lien on the house that is in my name. I can't pay this debt and I can't refinance or sell this property either. The bank told me they were not bound by family court or the divorce decree!What is the name of your state?

The bank is correct. Both you and your ex promised the bank that you would pay the credit card. The divorce decree stated that your husband would pay the entire amount, but the bank was not part of that proceeding.

Therefore, according to the contract (your credit card application), you still owe the bank the outstanding balance. If you have to pay any of that balance, you can sue your ex for that money. Of course, if your ex has filed for bankruptcy, then you are out of luck.

Contact your mortgage bank and see if you can refinance to cash out equity to cover the judgment.

Question here:

if the X filed for bankruptcy, but did NOT name the X as a potential creditor, and the X paid the bill, and subsequently then sued the X, how would it be negated? The X was never a party of the bankruptcy?

Ginny J said:

Question here:

if the X filed for bankruptcy, but did NOT name the X as a potential creditor, and the X paid the bill, and subsequently then sued the X, how would it be negated? The X was never a party of the bankruptcy?

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It wouldn't be. However any bankruptcy attorney worth their salt is not going to allow their client NOT to name the ex as a potential creditor. I really think its a rotten thing to do to an ex, but its reality.