I have been divorced for one year now. All debts were taken care of except for the home that my ex-husband and I shared. He received the house and as noted and stated in our divorce agreement signed by him, he is to keep up with the debt of the home and get it out of my name. However, he had been paying the mortgage three months behind. He paid the past due amounts and got it caught up in January. Now, he is going on almost another 30 days behind. I can’t get in touch with him and am at my wits end because he is destroying my credit, which is otherwise somewhat satisfactory. I’m not sure I can afford court.
Any advice on my situation? What can I do? I was told that if I tried to get credit, I could present my court documents stating he is responsible for the debt of the home…is that true?
Well unfortunately this is the age old problem of when you get divorced you divorce your spouse and not your creditors.
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Until he can refinance that property or sells it the loan will remain a joint obligation of yours and will be reported on your credit report. The divorce and your responsibility for the loan are two completely different things.
Your primary options is to take him back to court and attempt to get the court to enforce the agreement. But since he can’t pay it now it is doubtful he will be able to pay it later and all that will happen is you will run up legal expenses. But talk to your divorce attorney about this option.
Many people in similar situations wind up filing for bankruptcy to break the liability bonds with their ex’s.
I can’t see how taking any documentation in to show he agreed to pay for it is going to help. The bottom line is you are jointly responsible for the debt, he said he’d pay it, he’s not, so you remain on the hook for it if he fails to make the payments. Until that loan is satisfied it will remain reported on your credit report.
Be prepared, it is not unusual in these situations for the responsible spouse to throw in the towel and file bankruptcy. If he did that the loan would fall squarely in your lap.
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