My fiance was divorced in 2002. Directly after the divorce was final, her ex-husband and her agreed that they would split the money left over from the sale of their house and pay off the joint debt, which was credit cards. The remaining money was to be used by each of them to pay off their individual credit cards. My finace did hers but now she is getting calls from a creditor telling her that her ex-husband never never paid his off.
Because we live in California, the ceditors are trying to muscle my fiance into paying for the debts he didnt pay.
In fact, HE gave the creditor her contact information and told them to call her so they could get paid.
Does anyone have any advice?? Thanks in advance.
2006-07-30 05:55:57 · 25 answers · asked by Denver R 1 in Family & Relationships ➔ Marriage & Divorce
If it was still classified as joint debt, she's going to be stuck with it, unfortunately (unless you can get him to pay). If debt is jointly owed, either party is liable for the ENTIRE debt. They may have verbally agreed to split it, but that doesn't mean squat in a courtroom. On paper, the debt is still hers. I think the way it works is that if the debt is paid, creditors can go after both of them to get the money. Most likely it will show up as negative entries on both of their credit reports.
Tell your fiance to make sure she understands how this sort of thing is actually going to work ahead of time in the future. Verbal agreements are usually worthless.
2006-07-30 05:59:11 · answer #1 · answered by I Know Nuttin 5 · 0⤊ 0⤋
Hopefully in the divorce decree, it stated exactly which debt was community (each of them responsible for) and what was individual debt. If not, in California, the creditors will try to the community property laws to go after her for the debt. If her name was on any of the accounts, then indeed they can hold her responsible. If not, then they're wasting their time and cannot hold her responsible for his debts. All she will need to do is send a copy of the divorce decree (highlight the area in respect to the dispensation of debt/funds) to the respective collection sites with a letter stating why she is not responsible.
Your fiance should contact the attorney who handled her divorce for more legal advice concerning this. In the meantime, I would definitely look at the divorce decree and see how the debt was listed. Good luck!
2006-07-30 06:02:17 · answer #2 · answered by cgspitfire 6 · 0⤊ 0⤋
I can understand and I am there myself. I was married 13 yrs and my ex is the same way. I enclosed some helpful links and one is specifically for California. I am in credit repair and working on getting a lot of mine taken off my credit. These links should help you. I wish you the best.
I notice a lot of people are saying the lawyer did a crummy job that is not true if it is common law state the judge can write anything in the divorcee degree as far as who is responsible for what but as far as creditors are concerned you are responsible if the debt was obtained during the marriage even if you didn't know about it. I know all to well in Wisconsin I am going through the same thing.
2006-07-30 06:09:27 · answer #3 · answered by twinsmakesfive 4 · 0⤊ 0⤋
I don't know how long ago the money was used, but they should have no right to tell your fiance to pay her husband debt. first, they agreed to split the debt in half(hopefully they have that in writing), she is not responsible for her husband's half. second, if the debt was old, she can forget about paying it. the bank is just trying to scrap and penny out of everyone. tell her, DON'T EVEN PAY A PENNY! if she does, she will open up an old account. old debt will become current debt, and the cycle of "who should pay the debt" continues. you can just grin your teeth and ignore the banker, and they will go away after a while(that while might be a few years though). or you can hire an attorney and make the attorney fight the banker away for you. I will just hire the attorney to get a peace of mind. what usually happens is after the bankers call so many times, the "debter"gives in and make some legal mistakes. believe me, the bankers will really want her to make that mistake.after that, she might really be obligated to pay that debt.
2006-07-30 06:02:50 · answer #4 · answered by musi 3 · 0⤊ 0⤋
I agree with everyone else, if u can afford it, seek an attorney..but unfortunately i think u are going to be stuck with his debt, did you guys put anything in writting regarding how u would pay the remaining debt? if so, you could use that in small claims court.
your ex sounds like an asshole and i would take him to court just to prove a point, i figure i have about a 50/50 chance on hoping whether a judge would side with me, i wouldnt let him walk away without paying for anything.
2006-07-30 06:05:25 · answer #5 · answered by greeneyesoul1 2 · 0⤊ 0⤋
if THEY lived in California.. which is a community property state, AND had documents with this payment arrangement included in their divorce decree, then she needs to give this info to the creditors. But, community debt is very difficult to enforce.
If there is a document with this payment agreement, then she needs to contact the court and tell them that he is in violation of the agreement.
My bad advice.. if the debts are less than $2000, pay them and get it over with. If its more, get a lawyer.
2006-07-30 06:00:17 · answer #6 · answered by sahel578 5 · 0⤊ 0⤋
If it was an individual card of his, what is the problem? Also what is the statute of limitations on an unsecured debt in CA? Best answer is to tell the collectors, by divorce decree he is responsible for the debt, (bluff if you have to...you are on the phone after all) then give them his contact info. If you get any mail from collectors write return to sender on it.
2006-07-30 06:01:04 · answer #7 · answered by Marshal 3 · 0⤊ 0⤋
You husband agree to sell the house and what money left to pay for the credtors and he didn't and yeah of course they muscle with your fiance to pay for it. Not fair for his ex wife that she paid and she agree and now he want her to pay the rest??? no way, Disagree with that. She being fair and honest and he not.
Good luck with that furture husband and you know that he will do that to you if you get married and divorce and agree and he will not do the same thing what he did to his ex wife. Like Karma, Think twice before getting married and he need to be man enough and keep his promise that he will pay it off when he sell the house.
I can't believe you standing there and seem you support him, not thinking what will happen if he did to you if divorce. find a real man who keep his agreemnt promise so know what he doing. If not then not worth to keep going with him.
Sorry to be honest and My ex wife and I agree with who take care of bills and once we did that and it works out and I agree and My job tomake it happen. I am glad that she and I are peace and adult and made that agreement.
2006-07-30 06:02:46 · answer #8 · answered by greenbaypackers1920 6 · 0⤊ 0⤋
Collection agencies follow the money. This is an age old problem. Copy of divorce decree, notice from God, yaddah, nothing fazes them. Try to get something from them in writing with a name on it so you can bring a lawsuit. They will hound a corpse after burial if they smell ten cents.
2006-07-30 06:00:46 · answer #9 · answered by acmeraven 7 · 0⤊ 0⤋
I would send these credit card companies copies of the information that states which credit cards the ex-husband was supposed to pay.
2006-07-30 05:58:55 · answer #10 · answered by Kiki 6 · 0⤊ 0⤋