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Can debt be transferred to ex-husband?

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Sara Abrams

Active Member
What is the name of your state? CA

During the breakdown of our marriage, my ex-husband went buck-wild with my credit. He took out loans and credit cards in my name- he even took out a life insurance policy on me, forging my signature and naming himself beneficiary. So creepy.

Anyway, years ago when I filed for divorce he came at me with all kinds of apologies and promises to make things right. He said we'd put all the debt into debt consolidation, get it paid off right away, and he'd never mess around with money, drugs, hookers again:cautious:. We got the debt consolidation and he went right back to his old ways, so I filed for divorce again and this time went through with it. My attorney drafted an agreement that we would each pay half of the debt consolidation, and we both signed. I later found out that he had actually cancelled the debt consolidation before even signing the agreement. The result: since the majority of the debt was in my name, I was left with all that debt. I notified my attorney as soon as I found out, but she insisted we needed to get the custody matter out of the way first (ex was using drugs around the kids, super messy situation). She then withdrew, stating that she had fulfilled the terms of our contract.

I was sued by two creditors, my credit score went from 700 to 350. Most recently, my bank account was seized and emptied.

Now I have a new attorney. We're going back to court for ex failing to pay child support and spousal, among other things. My attorney thinks, since the agreement was made in bad faith, that in lieu of asking him for the ~$40,000 he owes me in unpaid support, we can simply transfer all the debt to him. I have searched high and low and have not seen how this is possible. My attorney has not explained her plan on how to accomplish this- she seems to expect me to just trust that she knows what she's doing and stop asking questions. I am very concerned that she will simply get the court to sign off on the agreement that the debt will be transferred, but that the creditors won't care one way or another and will still see it as my debt.

Any advice?
 


Ohiogal

Queen Bee
What is the name of your state? CA

During the breakdown of our marriage, my ex-husband went buck-wild with my credit. He took out loans and credit cards in my name- he even took out a life insurance policy on me, forging my signature and naming himself beneficiary. So creepy.

Anyway, years ago when I filed for divorce he came at me with all kinds of apologies and promises to make things right. He said we'd put all the debt into debt consolidation, get it paid off right away, and he'd never mess around with money, drugs, hookers again:cautious:. We got the debt consolidation and he went right back to his old ways, so I filed for divorce again and this time went through with it. My attorney drafted an agreement that we would each pay half of the debt consolidation, and we both signed. I later found out that he had actually cancelled the debt consolidation before even signing the agreement. The result: since the majority of the debt was in my name, I was left with all that debt. I notified my attorney as soon as I found out, but she insisted we needed to get the custody matter out of the way first (ex was using drugs around the kids, super messy situation). She then withdrew, stating that she had fulfilled the terms of our contract.

I was sued by two creditors, my credit score went from 700 to 350. Most recently, my bank account was seized and emptied.

Now I have a new attorney. We're going back to court for ex failing to pay child support and spousal, among other things. My attorney thinks, since the agreement was made in bad faith, that in lieu of asking him for the ~$40,000 he owes me in unpaid support, we can simply transfer all the debt to him. I have searched high and low and have not seen how this is possible. My attorney has not explained her plan on how to accomplish this- she seems to expect me to just trust that she knows what she's doing and stop asking questions. I am very concerned that she will simply get the court to sign off on the agreement that the debt will be transferred, but that the creditors won't care one way or another and will still see it as my debt.

Any advice?
The creditors cannot be ordered to take your debt and give it to your ex husband.
 

quincy

Senior Member
Sara, in October you were considering filing for bankruptcy to eliminate your debts. You have decided bankruptcy is not a good option?
 

quincy

Senior Member
I think because Sara already has an attorney, she should trust her attorney’s advice and direction. If she doubts her current attorney’s abilities, she can find another one.
 

Sara Abrams

Active Member
Sara, in October you were considering filing for bankruptcy to eliminate your debts. You have decided bankruptcy is not a good option?
I apologize if I've hurt anyone's feelings on this forum. But if you don't have advice, there really is no need to continue replying to my posts.

My attorney advised me not to file bankruptcy, as she believes we can transfer the debt to him and that my credit would then be repaired. I see Ohiogal says that is not possible. Appreciate your input, Ohiogal, and I accept my status as "blacklisted" from your future responses.

I don't understand why people have no problem seeking second opinions from doctors and such, but with attorneys we're expected to just let them lead us, even if we know they're on the wrong path. Finding a new attorney is obviously not a luxury I have at this point. I will have to very gently let her know I can't go along with this plan.

Best regards.
 

quincy

Senior Member
I apologize if I've hurt anyone's feelings on this forum. But if you don't have advice, there really is no need to continue replying to my posts.

My attorney advised me not to file bankruptcy, as she believes we can transfer the debt to him and that my credit would then be repaired. I see Ohiogal says that is not possible. Appreciate your input, Ohiogal, and I accept my status as "blacklisted" from your future responses.

I don't understand why people have no problem seeking second opinions from doctors and such, but with attorneys we're expected to just let them lead us, even if we know they're on the wrong path. Finding a new attorney is obviously not a luxury I have at this point. I will have to very gently let her know I can't go along with this plan.

Best regards.
It is smart to arm yourself with knowledge so you can understand your legal situation better. It is hard for anyone here to know your situation better than your own attorney, however.

I cannot guess, for example, what “plan” your attorney might have to transfer your debt to your ex-husband. On its face, this plan - as Ohiogal aptly noted - is not doable. The creditors would have to agree to any plan that removes you as responsible party. That creditors would agree seems unlikely.

If the plan is to have a court order your ex-husband to pay the creditors instead of paying owed back support, that can be financially foolhardy. If he doesn’t pay, your credit suffers. And he has already shown he is not real good about paying what he owes.

I agree with Zigner that you should make an appointment with your attorney to discuss your concerns. Get from your attorney an understanding of his proposed plan.

I do not see why bankruptcy has been ruled out.
 

not2cleverRed

Obvious Observer

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