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My Ex-Husband is Supposed to Pay a Debt in Our Divorce Agreement and Won’t. – Nancy

“Dear Steve,

I was divorced less than a year ago. I applyed with Rural Housing to buy a home as a single mother. I was approved but there is past credit card debt in my name on my credit report.

The debt belongs to my ex husband and he was court ordered to pay it but he has no intention of taking care of this debt in the amount of 18,000.00 +. I can not get my loan with it under my name and do not know what to do. I want to offer the debt collector a dollar amount considerably less than what is owed to satisfy the debt but am hesitant to do so. It would wipe me out totally and I am afraid they would take all I have and still want more.

Can the debt be taken out of my name and put in his name as per court order? What if my savings is still not enough and they want more? Any suggestions?

Nancy”

The Answer

Dear Nancy,

This is a commonly misunderstood situation. It sounds like the debt in question was probably in your name alone or jointly with your ex-husband. You have a divorce agreement that says your ex is supposed to pay it.

When you divorce your partner you do not divorce your creditors. The underlying agreement is still valid. The divorce agreement is just and agreement that the ex will pay it, and not necessarily that they are liable for it.

This is why I often see divorces followed by a bankruptcy to terminate the joint debt.

Until the debt is paid in full the creditor is not going to release you from your obligation for it. If you do decide to attempt to settle the debt I suggest you work with one of the AACC debt settlement companies so it is settled correctly.

Please post your responses and follow-up messages to me on this in the comments section below.

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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.
  • Steve Rhode

    What country do you live in?

  • Channaclaire

    my mom and dad devorce a year ago the agreement is that she pays her car and if she did not he can take the car back she paid the money every month in his bank account and he did not pay the car so the bank collected the car and his car  they had a home and she told the lawers she not want any thing to do with it because he fretind to kill her now he isnt paying the house and now that she wants to bay a house she cant of him not paying his house he molested the children and say he wil get a witch docter to kill us if we tell any one wat can we do my mom have good credit but now because of him not any more HELP 

    • http://GetOutOfDebt.org Steve Rhode

      What country do you live in?

  • Channaclaire

    my mom and dad devorce a year ago the agreement is that she pays her car and if she did not he can take the car back she paid the money every month in his bank account and he did not pay the car so the bank collected the car and his car  they had a home and she told the lawers she not want any thing to do with it because he fretind to kill her now he isnt paying the house and now that she wants to bay a house she cant of him not paying his house he molested the children and say he wil get a witch docter to kill us if we tell any one wat can we do my mom have good credit but now because of him not any more HELP

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