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My Ex-Husband is Not Paying My Debt Like He Promised in the Divorce. – Sheri

“Dear Steve,

I am currently being sued by my credit cards for debts incurred prior to my divorce. During the divorce I gave the franchises to my ex although they were bought with a second mortgage on my house.

He is paying the second as required by the divorce papers but is paying late, once he missed 3 mos in a row. He is further ruining what little of my credit remains. I cannot get the house refinanced due to poor credit score so I have no way to pay off the credit card debt. I cannot claim bankruptcy because of the large amount of equity in the home.. I tried selling the home- bad market- no buyers.. I am frustrated and depressed. I have money in equity and no way to access it and every avenue seems to have been blocked. I dont know which way to turn… Do you have any ideas I havent already tried? Please help!

Is there any way to access my equity with such poor credit? (500-600) Was I given bad advice by bankruptcy attorney? I just need to know if there actually is a solution available without giving up the equity it took years to build. Thank you.

Sheri”

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The Answer

Dear Sheri,

This is a far too common problem faced by divorced couples. When you get divorced you legally divorce your spouse but not your creditors. Even though a divorce document may say that the ex is supposed to pay a specific debt, if they don’t it’s your credit that is damaged. Ultimately the debt is your responsibility.

If he isn’t paying it your option is to take your ex-husband back to court, at your expense, and try to force him to pay.

Equity on paper is not currency unless it is transformed to cash by a buyer or lender. Since the house won’t sell that tells me it is either not priced to sell at a fire sale sales price or there are no well qualified buyers in your market.

Why wouldn’t a Chapter 13 bankruptcy work for you? Were you trying to do a Chapter 7?

Big Hug!

My Ex Husband is Not Paying My Debt Like He Promised in the Divorce.   Sheri
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
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  • Sheri

    Steve,

    When I went to discuss bankruptcy with a local attorney, he stated I had too much equity in the house to file for Chapter 13. I don’t know if he just didn’t want to bother with my case because it would be too much work for him or if the equity in the house really does disqualify me. I wanted to keep paying on my car and the house so I am fairly certain he was going for chapter 13. Whichever he was attempting at first, he told me I had no options. I cant get a loan from all the equity to pay my debts and now a second judgement against me will be complete by April 6. One debt is being garnished from my wages so it is not making it any easier for me to pay bills. The house is all I have left. I am nearing 42 and if I give up the house I will work until I die just to keep up with bills and never have a home for my family. The house cost 350,000, there is a large steel barn on the property valued at 100,000. My first mortgage on the house is only around 20-30k– my ex has the second mortgage that bought the franchises I gave him in the divorce. That debt is around 90k. I keep my head above water now but barely. If he defaults on the second mortgage I cannot afford to take on another 800.00 per month in bills. It is frustrating that the system works against me at every turn. I take responsibility for my credit card debt but the garnishments are going to ruin me. I just really dont know what to do. The house and property are just too expensive for most. Houses in our area are just not selling. Even if we sold it for half of what it cost, it would not leave enough to pay for a new home and with my credit I will never be able to get another loan or probably be able to rent so that would leave us homeless. I just feel like there is no where to turn.

    • http://GetOutOfDebt.org Steve Rhode

      Sheri,

      Why not sell it for what you can and start over in a better life?

      Steve

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