Marie M asked:
I filed for divorce in March of 2009 – My ex left in January of 2008. Now he is filing for bankruptcy, how will that affect my divorce (he has yet to retain an attorney for our divorce)? A lot of the debt was accumulated during our marriage, however my name is not on his mortgage, car payment, home equity loan, credit cards, etc. Am I responsible for any of this debt? He’s telling me now that it’s my debt as well, however, he also tells me how it’s his house, his car, etc.
Oh, the state is Pennsylvania.
Phillip
I filed for divorce in March of 2009 – My ex left in January of 2008. Now he is filing for bankruptcy, how will that affect my divorce (he has yet to retain an attorney for our divorce)? A lot of the debt was accumulated during our marriage, however my name is not on his mortgage, car payment, home equity loan, credit cards, etc. Am I responsible for any of this debt? He’s telling me now that it’s my debt as well, however, he also tells me how it’s his house, his car, etc.
Oh, the state is Pennsylvania.
Phillip
Thomas
It depends on a. where you live (your local laws) and b. who’s name is on the deeds and loans.
Mark
if u didn’t sign for any of the bills i doubt if they could make u pay for his debt. u need to ask your attorney about it. but i wasn’t responsible for any of my husbands bills if i wasn’t on the loans or credit cards. really depends on where u live and the laws in that state.
Kathleen
If all the loans were taken out in his name only and you didn’t sign anything, I don’t think….it will affect your credit. When he claims these debts for his bankruptcy, I don’t think he can claim you as also being responsible on this bankruptcy if you don’t sign the bankruptcy papers.
I don’t know this as a fact, so I would talk to your lawyer. I know that anything he is claiming on his bankruptcy. I would have your lawyer state in your divorce settlement that he is being awarded the house, car, etc…and any debts that he owes on these assets are his and not to be shared with you. Otherwise give it all to him!
When my ex-husband and I were separated (just before we filed for a divorce). He went out and charged on his personal credit card (my name wasn’t on it), new clothes for himself, four new tires for his truck and new furniture for his apartment. Then during our divorce settlement, he listed the amount owed on his credit card. Stating that it was a marital debt and I should be responsible for paying half of it. Ya, like I was born in a cabbage patch.
My lawyer stated that everything purchased on that credit card was purchased by my husband and it was in his possession. They were his personal belongings and therefore he was totally responsible for paying that debt himself. Unless of course he wanted to give me half of his new clothes, half of his new furniture and two of the new tires off of his truck. Lol I just loved my lawyer. My ex decided to pay the credit card bill himself. I guess he didn’t want to share any of his stuff with me. : ( Lol
Each year that my husband and I were married (total of 14 years). He would have our tax returns filled out and have me sign them. He would lead me to believe that he filed our taxes (mailed them). He also lead me to believe that he paid the taxes each year on our home.
When were in the middle of our divorce we sold our home and I found out that there were 6 liens against our home and we would have to pay off these liens with the profits from the sale of our home and what was left would be split equally between the two of us. I was shocked! I didn’t know anything about there being any liens on our home or what they were for.
I had my lawyer check what the liens were for. It turns out for the last 3 years of our marriage, my husband never filed our tax returns or paid our property taxes. There was one lien for each of these debts. Because my husband had deceived me and lead me to believe he paid these debts and he never told me about the liens. My lawyer was able to legally make my husband responsible for paying these debts out of his share of the sale of our home.
Talk to your lawyer and see where you legally stand in this matter. Divorce can be a dirty business and if you don’t protect yourself, you could end up in really serious debt, because of your husband. Good luck.