Divorced but still have to pay for ex's house

[angel48035]

?What is the name of your state? Michigan
I divorced my husband in 1999 and signed all rights to the home and property to him.We bought the home which was in both our names but in the divorce.I left everything to him and even signed a quick claim deed giving him everything.I just recieved a call saying my ex has missed 2 house payments and now they are going after me to pay for it.Greentree financial said I am still legally responsable to pay even though it stated in the divorce I hold no claim to any of it.
Is it so?Can they do that.Greentree said that I was still on home weather we divorced or not a He was going after me to pay for it.Someone please tell me they cant do that.
The divorce saysIt states that He shall assume to pay the mortgage payable to greentree and all other debts encumbered the real estate and personal property awarded to him.Each party shall indemnify and hold the other harmless for the debts ans obligation he or she is assuming pursuant to this judgment...
The provisions made herein for plaintiff shall be in lieu of her dower in the lands of her husband,and he shall hereafter hold his remaining lands free,clear and discharge from any such dower right or claim.
Does this help to answer my question at all....

 

[angel48035]

I cant afford to pay for the house so Is BK my only option to get this taken care of.I am remarried now and we own a home together,If I file BK.will this effect my new husband and the home we now own?

 

[AttorneyOney]

Unfortunately, unless the lender agreed to a "novation" at the time of the divorce, you remain liable on the loan. For what it's worth, you have a right to look to your ex to reiumburse you for any payments you make. In other words, the divorce settlement only affects rights between you and your ex; it doesn't bind third parties.

You can file bankruptcy by yourself, and your new husband's assets would not be subject to being sold to pay your debts. Assets that you own in your own name, and your interest in the home you own with your new husband WOULD potentially be available for your sole creditors, including Greentree.

The most important question to get the answer to is how you and your new husband own the property. Are you tenants by the entirety, joint tenants, or tenants in common? You can't rely just on what your deed says, because the law in some states has been that a deed to husband and wife establishes a tenancy by entireties unless a contrary intention is expressed. In a T by E, your interest may be totally exempt under state law.

You may also be entitled to a homestead exemption in your new home that would make your interest unreachable in a personal bankruptcy.

You need to consult a Michigan attorney who understands bankruptcy. You don't want to file a pro se ch. 7 petition and then learn that the trustee is going to sell your new house because you forgot to do some simple thing like file and record a homestead declaration beforehand.