House Fire 9 Years Ago!

[Sunflowerchild]

I had a house fire 9 years ago and lost everything. The cause of the fire was never determined. We were renting the house and had never even heard of Renter's Insurance. The owner sold the property and house right after the fire for $1,000. We were sued from the insurance company and didn't receive court papers in the mail, telling us about our court date with the insurance company, until after the court hearing. As we didn't fight it, I know that the judgment was passed against us to default. However, my real question comes here: My husband and I recently divorced. He is just now (9 years later) getting garnished from the insurance company for the fire. As I did not sign the deed to rent the house, only he did, but we were married. Am I still responsible for the debt? And as I now have my own small business with a friend, (we co-own) can the insurance company come and take away my business because of this debt? Any advice I can get would be real helpful! Thank you!

 

[OHRoadwarrior]

In your state the answer is

 

[LdiJ]

I had a house fire 9 years ago and lost everything. The cause of the fire was never determined. We were renting the house and had never even heard of Renter's Insurance. The owner sold the property and house right after the fire for $1,000. We were sued from the insurance company and didn't receive court papers in the mail, telling us about our court date with the insurance company, until after the court hearing. As we didn't fight it, I know that the judgment was passed against us to default. However, my real question comes here: My husband and I recently divorced. He is just now (9 years later) getting garnished from the insurance company for the fire. As I did not sign the deed to rent the house, only he did, but we were married. Am I still responsible for the debt? And as I now have my own small business with a friend, (we co-own) can the insurance company come and take away my business because of this debt? Any advice I can get would be real helpful! Thank you!

If your name was never attached to the house, then you may not have been sued. If you were not sued, then you are not responsible for the judgement. However, since you didn't state what state you are in, its hard to say any more than that.

 

[Sunflowerchild]

Sorry about that. I live in the state of Kansas. That is also where the fire took place.

 

[Banned_Princess]

Did you address this debt in your divorce? Can you find out if your name is on the judgement?

 

[Sunflowerchild]

Did you address this debt in your divorce? Can you find out if your name is on the judgement?

No, we had forgotten all about it when we got a divorce. It's just now coming up. I got divorced in July, he just started getting garnished about 2 weeks ago he said. How do I find out if my name is on the judgement? They haven't tried to contact me through mail or anything. Just him. But he says that they are asking him about me. Also, I went back to my maiden name, can it still affect me that way?

 

[ecmst12]

You don't need to put everything in bold.

If the lawsuit and judgement happened during the marriage, for a property where you both lived as your marital residence (even if your name was not on the lease), it's potentially a marital debt, and you could potentially be liable for it. I would suggest you consult a lawyer in your area for a more detailed assessment.

Even if the insurance company that sued can't go after your assets directly, your ex could potentially sue you for your share of this debt.

 

[justalayman]

so, whose name(s) is/are on the judgment?

If just your ex's, then they can only go after his money. If yours is also on the judgment, then they can go after your money as well.

to find out if your name is on the judgment, you can check with the court that issued the judgment. You might also check your credit report. Judgments often end up on your credit report.

 

[Sunflowerchild]

Thank you all for your help and advice. I will go to the courts and see whose names are on the judgement.

I am sorry about the bold letters, that is just how I type.

My only questions are, can they garnish my businesses checking account? And, can they take my business from me, even if I am a co-owner?

 

[Ohiogal]

Thank you all for your help and advice. I will go to the courts and see whose names are on the judgement.

I am sorry about the bold letters, that is just how I type.

My only questions are, can they garnish my businesses checking account? And, can they take my business from me, even if I am a co-owner?

Even if you are not on the judgment, your husband can reopen the divorce possibly to have this debt accounted for in that judgment. If that happens, do not be surprised for you to be ordered to pay HALF of the judgment.

 

[Sunflowerchild]

Can he still sue me if it was court ordered to for him to pay the bills that was in his name, and for me to pay mine? Beings I didn't sign my name, does that mean it is his bill? The only bills we are required to split are the bills that our 3 children acquire.

 

[ecmst12]

This SHOULD have been in both of your names, it's a marital debt related to a marital residence.

 

[Ohiogal]

Can he still sue me if it was court ordered to for him to pay the bills that was in his name, and for me to pay mine? Beings I didn't sign my name, does that mean it is his bill? The only bills we are required to split are the bills that our 3 children acquire.

Yes you can be found to be responsible for half of this bill because this bill was NOT at all considered in the divorce. Depending on how much the judgment he has to pay, that can impact more than just the property settlement. It could impact spousal support and other monetary issues (excluding child support) if you expect him to keep this debt. The fact that NEITHER OF YOU apprised the court of this judgment/debt shows that it was NOT taken into consideration when settlement was agreed upon or when the judgment was being decided by the court. If you expect him to keep the debt (depending on the amount) be prepared to forgo an asset you acquired or spousal support IF he reopens the divorce.

 

[LdiJ]

Yes you can be found to be responsible for half of this bill because this bill was NOT at all considered in the divorce. Depending on how much the judgment he has to pay, that can impact more than just the property settlement. It could impact spousal support and other monetary issues (excluding child support) if you expect him to keep this debt. The fact that NEITHER OF YOU apprised the court of this judgment/debt shows that it was NOT taken into consideration when settlement was agreed upon or when the judgment was being decided by the court. If you expect him to keep the debt (depending on the amount) be prepared to forgo an asset you acquired or spousal support IF he reopens the divorce.

There may be a bit of a loophole in this one though. If the wording of their decree actually stated that they were each responsible for the bills in their own name, without any listing of the bills, that could leave it all on the ex husband. I am basically saying that I don't think its a slam dunk in either direction. However, if she really wasn't on the lease, therefore not on the judgement, then only her ex can go after her, not the creditor.

 

[Sunflowerchild]

Again thank you. I have taken your advice, and as I can sum it up, is yes I am still responsible for this debt. So then, since the past due electric bill was in my name, but as it was in use when we were married, does he have to pay for half of that too? I accept the responsiblity that I should pay for my half of the bills. But I don't want him coming back on me for this if I can help it. If I have to I will go to my lawyer again, I just don't want more of a debt there, if I can help it. But I end up paying for it all, or I'm affraid I'll lose my business because of it. Then where am I if I lose my business? He doesn't pay child support. Tells me that if I sue him for child support, then he will leave and no one will find him. I end up paying the childrens bills without him paying his half. And then I have to take him to court, just to do it all over again. Then I'm out more money that I don't have. He has yet to make one payment on anything. I have taken care of my half of the childrens bills, but he hasn't made one effort to try on his part. And now they are coming after me to pay the rest.