Can they garnish wages for loan ex was orded to pay

[pealsare]

What is the name of your state? West Virginia
My husbands was divorced in 2002, there were 2 outstanding debts, a mortgage, and an equity loan. Both names are on both loans, she was awarded the home and the payment, and he was ordered to pay the equity loan. He is current on the equity payments and she is in default on the mortgage payment and foreclosure is coming. My question is when the home is foreclosed on can they garnish his wages if she was ordered by the court to make the monthy house payment?

 

[teflon_jones]

if he is still on the mortgage, then he is responsible for paying it. the court judgement is secondary to that. he should have made sure the house was sold as part of the divorce agreement, or that it was refinanced solely in her name. he could have taken out a personal loan to pay off the home equity loan. then their assets and liabilities would have been separated.

but this really gets into a part of the law i'm a bit unfamiliar with. there may be specifics about divorce laws in your state that i'm not aware of...

 

[Ladynred]

Unfortunately, the only ones bound by the court order of the divorce decree is the two people who divorced. Creditors are not bound by it and they don't care what it says - all they see is HIS name still on the loan(s) and he IS still liable. Worse, if that house is sold for less than what's owed on it, HE will also be liable for the deficiency they'll come after him for !