My New Mexico Marital Settlement Agreement (MSA) says that upon the sale of the marital home, I had only one requirement and that was to pay $24K to the credit card companies. Our home has yet to sell. The credit cards were my husband’s and I only was an authorized user. I never co-signed any credit card application with my ex-husband. Now I have just learned that he has filed Chapter 7 Bankruptcy and has claimed the full balance of those credit card accounts. His bankruptcy filing claimed a real property exemption of $35K with unsecured debts of $56K.
1. Do I still owe the credit card companies? Or does his bankruptcy negate my need to pay the credit card companies?
2. If I don’t have to pay the credit card companies, what form(s) should be filed with the County Clerk’s office that will essentially state that my obligations under the MSA have been fulfilled and give me clear title to the home? (There is no mortgage on the home).
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This is really more of a divorce law question than a bankruptcy question. If you never signed the credit card agreements, then you do not owe the credit card companies.
But the terms of your divorce and marital settlement agreement are separate. Even though your ex-husband filed bankruptcy, you may still owe him for the credit card balances/amount agreed to in the MSA.
You need to speak with your divorce attorney, if you had one.
My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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