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Transferring debt during divorce

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NewRevolution

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hello everyone,

I am in a world of crap at the moment and need some help. I will explain my story briefly and in chronological order so we don't get things mixed up.

My soon to be ex-wife and I shared an apartment in 2012, the time when we decided we needed to separate. We both placed our social security numbers on the lease and had equal responsibility. When we separated, I left the home and she stayed, allowing her father to move in to help with rent. Later on she moved out, and I believed everything was over with the apartment. I never took my name off the lease, yes i know, and now its come back to haunt me.
My company is transferring me to Colorado next month. I went to get an apartment last week while visiting and was told i was denied due to a eviction and past due payment on my credit report. Come to find out, she bailed on the apartment, left it abandoned, didnt clean, didnt return a key, and didnt notify me. Her father told the office he was me so he could have all the letters forwarded to another address rather than myself. I owe $1100 on the place and have the bad credit now. I know its my responsibility to have notified the apartment of my leaving but I didnt even consider that at the time, live and learn i suppose.
Here is where I am now. We just started the paperwork on the divorce 2 weeks ago. We are both broke and couldnt afford it until now. She lives in Brazil and I can only communicate via e-mail. I filed the divorce paperwork listing no discrepancies between the two of us, no children, no assumed debt (that i knew of), and no assets to split. A simple divorce, if that exists. She is aware of it and is expecting the documents in the mail, certified, to sign for and return so I can take that into the court and prove it was delivered to her. They would wait 30 days for any disputes and finalize the documents and we are finished officially... Now i want to change that.
She knows she was responsible and is willing to take on the bad credit and alleviate me of any evictions on my record. I already paid the debt, just now have a lingering issue that is preventing me from getting a formal lease completed with another landlord in my name. I want to amend my divorce paperwork to show that she is the only person responsible for the lease and is willing to take that burden on herself if that is possible. I can and will also be willing to go to the phoenix court where the eviction was finalized and dispute the claim with them as well.... more or less, I need to rid myself of this eviction on my record so I can move into any home without having this on my history.

Any advice would help me tremendously. Thank you.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Arizona

Hello everyone,

I am in a world of crap at the moment and need some help. I will explain my story briefly and in chronological order so we don't get things mixed up.

My soon to be ex-wife and I shared an apartment in 2012, the time when we decided we needed to separate. We both placed our social security numbers on the lease and had equal responsibility. When we separated, I left the home and she stayed, allowing her father to move in to help with rent. Later on she moved out, and I believed everything was over with the apartment. I never took my name off the lease, yes i know, and now its come back to haunt me.
My company is transferring me to Colorado next month. I went to get an apartment last week while visiting and was told i was denied due to a eviction and past due payment on my credit report. Come to find out, she bailed on the apartment, left it abandoned, didnt clean, didnt return a key, and didnt notify me. Her father told the office he was me so he could have all the letters forwarded to another address rather than myself. I owe $1100 on the place and have the bad credit now. I know its my responsibility to have notified the apartment of my leaving but I didnt even consider that at the time, live and learn i suppose.
Here is where I am now. We just started the paperwork on the divorce 2 weeks ago. We are both broke and couldnt afford it until now. She lives in Brazil and I can only communicate via e-mail. I filed the divorce paperwork listing no discrepancies between the two of us, no children, no assumed debt (that i knew of), and no assets to split. A simple divorce, if that exists. She is aware of it and is expecting the documents in the mail, certified, to sign for and return so I can take that into the court and prove it was delivered to her. They would wait 30 days for any disputes and finalize the documents and we are finished officially... Now i want to change that.
She knows she was responsible and is willing to take on the bad credit and alleviate me of any evictions on my record. I already paid the debt, just now have a lingering issue that is preventing me from getting a formal lease completed with another landlord in my name. I want to amend my divorce paperwork to show that she is the only person responsible for the lease and is willing to take that burden on herself if that is possible. I can and will also be willing to go to the phoenix court where the eviction was finalized and dispute the claim with them as well.... more or less, I need to rid myself of this eviction on my record so I can move into any home without having this on my history.

Any advice would help me tremendously. Thank you.

Under what premise do you intend to use to get rid of the debt?

You were on the lease. There is nothing to dispute (at least in terms of the judgment)
 

NewRevolution

Junior Member
Under what premise do you intend to use to get rid of the debt?

You were on the lease. There is nothing to dispute (at least in terms of the judgment)

What I am looking to have answered is if my ex-wife accepts the full responsibility of the eviction, which she does, and I prove that I was living at another house during the time of the eviction, if the court would be willing to spare me the bad history, and report the eviction solely on her credit and personal information. I know I made a mistake by not notifying the office at the complex that I wanted off the lease, I trusted she would have taken care of any negative issues or told me of any situations so I could have helped. I don't pay bills late, I have an excellent history and understand how important this is to my future.

Yes, life is not fare, and divorce is brutal, but in situations where one party, (my ex), is willing to say this is her fault and she wants to take on the burden of the eviction, can this be adjusted?
 

TigerD

Senior Member
What I am looking to have answered is if my ex-wife accepts the full responsibility of the eviction, which she does, and I prove that I was living at another house during the time of the eviction, if the court would be willing to spare me the bad history, and report the eviction solely on her credit and personal information. I know I made a mistake by not notifying the office at the complex that I wanted off the lease, I trusted she would have taken care of any negative issues or told me of any situations so I could have helped. I don't pay bills late, I have an excellent history and understand how important this is to my future.

Yes, life is not fare, and divorce is brutal, but in situations where one party, (my ex), is willing to say this is her fault and she wants to take on the burden of the eviction, can this be adjusted?
No.

Good luck

DC
 

xylene

Senior Member
I never took my name off the lease, yes i know, and now its come back to haunt me.
Why did you beleive you could simply dismiss your lease even before the lease happened?

Rent from a private landlord who doesn't do backgrounds and pay your debt.
 

single317dad

Senior Member
What I am looking to have answered is if my ex-wife accepts the full responsibility of the eviction, which she does, and I prove that I was living at another house during the time of the eviction, if the court would be willing to spare me the bad history, and report the eviction solely on her credit and personal information. I know I made a mistake by not notifying the office at the complex that I wanted off the lease, I trusted she would have taken care of any negative issues or told me of any situations so I could have helped. I don't pay bills late, I have an excellent history and understand how important this is to my future.

Yes, life is not fare, and divorce is brutal, but in situations where one party, (my ex), is willing to say this is her fault and she wants to take on the burden of the eviction, can this be adjusted?
No agreement between you, your wife, and/or the family court will affect the agreement you have with the leasing company. If you're looking for forgiveness, the leasing company (or their agent, maybe a collection agency or law firm) is the party you need to talk to.
 

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