shared debts/single debt payor

[sunshinesally]

My EX-Husband & I filed bankruptcy in January 1997. In November 1998, he left, left me holding the bag & the bills. I had to pay the debt off, by myself. Can I get half of what I paid from November 1998 till January 2001 back from him, after all they were his debts TOO? North Carolina.

 

[JETX]

NC is not a community property state. So, answering your question will need to be in two parts.

1) Common marital debts:
It is doubtful that a court would find him liable for these debts without some type of liability agreement. Common marital debts are the liability of each and both parties and you are just as liable for them as he is.

2) Personal debts of his:
I think the courts would readily award you damages that you might incur in paying debts that are clearly his alone.

Bottom line, if your 'damages' are within the allowables of the Small Claims of your state ($4000.00), I would certainly take a chance and file. Go ahead and include ALL the debts and realize that the court may block the common debts.