The creditor can try to collect from the ex-spouse regardless of the terms of the divorce decree. Whether or not the court will allow such action depends upon the state in which the couple resided at the time of their marriage.
Hello i have asked this of many people and the answer i got back was yes what ever debt your husband has whether it is in just his name or joint names you are both liable for it. If like my husband its alot and you didnt know about it until it all went wrong then it sucks!!
If your name is not on the mortgage you are not legally liable for the loan as far as the bank is concerned. You could become liable through a divorce if it has been your home for you and your spouse.
A joint account remains the liability of both persons regardless of their marital status. If someone has their liability discharged through bankruptcy, the other account holder would be 100% liable for the balance on the account. If this account was addressed in the divorce decree, the spouse MAY be able to seek relief through the divorce court. But that jurisdiction and any ruling there would have no impact of their credit report.
Most states, yes, so is likely if incurred during union.
Normally the spouse is held liable for the debt. The presumption is that they benefited by the goods and services.
Your best option - send a copy of the decree with an explanation letter to Sears. That givers them proof that you are no longer liable for the debt. Give them your ex's contact details, and tell them to sue him.
If you're the noncustodial parent, you might be liable. The fact that your husband has a child by someone else is irrelevant to this.
You are as liable as him. If he files bankruptcy, they will come searching for you. Even if you sign a Quit Deed to release the house to him, you are just as responsible if your name is still on the loan.AnswerThe bank is not bound by any provision in your divorce decree. Your attorney should know that and should have addressed this situation by having your ex husband refinance the loan and pay off the existing loan that is in your name. If your ex husband fails to pay the loan the bank will come after you for payment and you remain legally responsible for repayment since you signed the note and mortgage. Incompetence results in this type of mess after a divorce.
You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.
Your divorce agreement or decree is valid only between you and your husband. The creditor still can look to you to recover the amount if you are otherwise liable for it. Your new husband may be able to protect himself if he keeps his sole management community property separate from you. To protect yourself, you need to have your assets only in exempt property, which varies from state to state. Bank accounts typically are not exempt.
Yes. The best thing would be to either get the house in the divorce, or get everything, including the mortgage, signed over to your soon to be ex.
It depends on both of your current financial situations; consult an attorney for more details.
Yes, the tax for carries both names, but you sue for the debt.
Yes signing it brings you in receipt and liable to agree with the terms of divorce or counter the terms of divorce to what fits your rights.
states differ on this.......your marital property or assets could be put into jeopardy, if you are still married and he is sued....call your divorce attorney asap........he could tell you and perhaps protect you as well.......
No way!!!
your husband will be liable only if his name appears on the loan or mortgage documents as a co-guarantor of the loan