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Can creditors go after an ex-spouse if their name was on credit account even if the divorce said the other partner was responsible?
Wiki User
∙ 8y ago
They can try. Will they be successful? Hard to tell without knowing which state you live in and the exact terms of your divorce. You probably would be well advised to discuss this with the attorney who handled your divorce.
I agree with Nikki. In Indiana, the creditors can normally sue either spouse regardless what the divorce decree says, and the aggrieved spouse's recourse is to counter-sue other spouse who was supposed to pay the debt. The aggrieved spouse may also go back to the divorce court and try to get the spouse who was supposed to pay the debt held in contempt of court for disobeying the divorce decree. But, none of this protects either spouse from the actual creditor. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Yes, under the terms of the credit agreement the ex-spouse is jointly and severally liable for the debt and creditors are therefore within their rights to pursue them for recovery of the debt. However, the ex-spouse may well be able to seek reimbursement under the terms of the divorce settlement.
Wiki User
∙ 8y ago
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What can you do if divorce judgment indemnifies you from mortgage and credit card debt but companies refuse to recognize Superior court order?
A shaky issue. Likely as not, you are on the contract for these debts with your exspouse. The court that granted your divorce separated you from the debt, and only the courts can legally break a contract when both parties do not agree to it. You have the recourse to appear in court if the creditors attempt to sue you and produce the order from the divorce court indemnifying you. Likely as not the presiding judge will honor the order from the divorce judge, and the creditors will have no option at that point but to pursue your exspouse. Be prepared to cooperate with the court if the judge requests any location or asset information on your exspouse from you. This can only help your case.
how long does ur exspouse have to get ther stuff out of the house when they left and ther the one that wants a divorse?
The judge in your divorce case would make the determination on when you spouse needs to remove their things from the home.
In Minnesota what happens to a child's savings account for college in a divorce?
In Minnesota, a divorce should not affect a child's savings account for college in a divorce.
What is meant by the term texas divorce?
The term a "Texas divorce" means no-fault divorce. Which means neither party is responsible for the divorce, so no party is responsible for paying alimony.
Would an ex-spouse be responsible for credit card debt even though his name was removed from the account and the charges were made after the divorce?
If he is not on the account he is not responsible for the debt, even if he made charges. If the charges were made without the consent of the account holder he could be guilty of a fraudulent act. Whoever's name is on the account is the one who owes the debt.
Who is responsible for medical bills after divorce is in process?
the one responsible for medical bills, i think its the one who was responsible before the divorce process commenced......
After divorce are you liable for credit card debt in your wife's name only incurred while married?
In a community property state both spouses are equally responsible for debts. The rest of the states consider only the account holder responsible. A few states have laws referring to debts that are considered necessities being chargeable to both spouses. These laws are vague and seldom enforceable, creditors sometimes cite them in an attempt to get the non-debtor spouses to pay.
How will a divorce affect your chapter 13 bankruptcy?
A divorce decree does not supersede any contract. Even if the decree states that the husband is responsible for the repayment of creditors, if he doesn't pay, the creditors will call the wife and her credit report will also suffer the consequences of late or non payment. Separate all joint accounts before filing [for divorce] to make sure you don't get stuck with all/any debt.
Is wife responsible to uphold divorce settlement agreement?
Both parties in a divorce must follow the provisions of the Divorce Agreement that was approved by the court.
If a divorce parent dies is his estate responsible to meet divorce settlement agreements?
Quite often, yes.
Can you be held responsible for credit card debt even if divorce decree states that you are not responsible for paying it?
Divorce Decrees never supercede the original card holder contract. If it was a joint account, you better find a way to get your name off of it before it gets ugly. Doesnt matter what the judge rules...the creditor can still sue you if you dont continue the Terms of the Contract.
If you get a divorce and it is stated in the divorce papers that you are not responsible for bills that you are not the primary account holder do you still have to pay them?
Hopefully, you had a divorce lawyer. You should ask your lawyer about the meaning of that clause. Your lawyer will have the entire divorce decree and not just the sentence you quoted. It may mean after your divorce, it may mean after a particular date, or it may refer to the fact that the two of you kept separate finances and your partner ran up large debts without your knowledge. Check with your lawyer.
