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I filed for divorce back in April. My husband was the person who paid the huge bills such as our mortgage. He is now behind on the mortgage and it's showing up on my credit report. He has also maxed out our joint credit cards. I did get a job, but I'm only making $10 an hour. Making that amount doesn't allow me to pay all of my credit cards and a very high mortgage. I'm hearing that I should declare bankruptcy, but I don't want to do that if I don't have to. Is there anything at all that I can do to get me out of this credit nightmare without going the bankruptcy route. I've already called my creditors and explained the situation. Some were sympathetic with my situation, but others really didn't care. They still want there payments on time. Someone told me credit counselor's, but where do I find them at? So I'm just looking for an option other then bankruptcy to help me out. Any sound information would be greatly appreciated.

2007-07-05 13:33:16 · 13 answers · asked by Denise M 2 in Business & Finance Personal Finance

13 answers

First, consult with your attorney. He or she should have very good advice on this matter. Also make sure that any and all joint accounts have your name removed from off of them. You may also want to speak to an accountant, the person that does your taxes or any reputable tax place should also have some good ideas. I hope all goes well and try to stay above the low grime and filth that a divorce can bring out of people.

2007-07-05 13:47:37 · answer #1 · answered by myt4God 2 · 0 0

Hi Sweetie,
Cancel the card immediately!!!!!! Even if a Joint Card. It'll all come out through r court proceeding. Phone now or if u have to go to the bank & remove r name, so the onus is on him
P.S. Ask r Lawyer about Bankruptcy he's the only one that knows r fiancial status & I don't have the authourity in my soul
to answer such a delicate situation & life altering dececision!
Nor do I think anyone does, other than r Lawyer. I don't feel I have the ability to answer such a Life Altering question? I've never did this before & don't see how u can ask strangers? C
what they maybe but I can't. I only being honest and fear I may say the wrong thing, besides GOD is watching over you!
All the Best of Luck,
LOL, Diana D

2007-07-05 14:01:58 · answer #2 · answered by Diana D 5 · 0 0

Im not an attorney but you need one.

Here is the deal lets say your husband is required to pay the mortgage, the car, and these 3 credit cards. If he doesnt the lender doesnt care. Its still a late on you.

When you borrower money you dont borrow it on the condition that its only if you stayed married. He will either have to refinance it to get you off the mortgage. This mortgage payment even if it was on time could keep you from getting another mortgage because of your debt ratio. Just because a divorce court says he has to pay the payment, that has nothing to do with the lender.

You might have to file bankruptcy. Ive been doing this for so many years and sadly this is how it sometimes ends up.

Even if you sue him that doesnt solve your credit problem or that you dont owe what you have signed for.

Im not an attorney im only speaking for what I see every single day.

Im sorry good luck. I would talk to your divorce attorney and at least get a free consultation with a bankruptcy attorney. Better the sooner on the bankruptcy. But if you have equity in the mortgage it might not be good to bankrupt. You need professional advice from both attorneys.

2007-07-05 13:42:33 · answer #3 · answered by financing_loans 6 · 2 0

You don't say who is living in the house, whether he is or you are. Since you don't mention children I assume you don't have any, at least not at home. This could make a MAJOR difference in what he's required to pay for.

As to the credit cards, you'd have been wise to get your name off them IMMEDIATELY when, or just before, you filed for divorce. At this point you could be stuck with the bills showing on your credit even though he was the one who made the charges.

Since you've already filed, I assume that you have a lawyer. He or she should advise you on how to protect yourself in financial issues.

Credit counselors can be very good, but probably aren't much use in your situation. And the creditors don't care about your personal situation, they just want their money.

Good luck. Talk to your lawyer and see what can be done legally. The house might have to be sold - probably the most reasonable solution there.

2007-07-05 14:33:32 · answer #4 · answered by Judy 7 · 0 0

SELL YOUR HOUSE NOW!!!! TO PREVENT BANKRUPTCY OR NEGOTIATE WITH A HONEST HOUSE DEALER FOR THE HOUSE EQUITY TO AVOID BANKRUPTCY. THERE IS A WAY OUT. DO RESEARCH IN REAL ESTATE INVESTER WHO ARE WILLING TO TAKE THIS RISK FOR HIGH INCOME!!!


Save all of the paperworks. (History of mortgages that your ex-husband paid, credit cards)
Find out how to closed all joint credit cards immediately.
Remove your name from every joint account immediately.
Closed all joint account NOW!
NEVER CALL THE CREDITOR AGAIN!
Do not ever open any letter from the creditor again. Instead, have someone else write, "No longer exist" on the letter and return it to the creditor.
Don't go to the credit counselor because that is your husband's responsibility, not yours.

Your goal is to get the lawyer to sell the house and no joint credit with your ex-husband on anything, permanently; otherwise your ex-husband can face identity thief charges.

2007-07-05 13:46:08 · answer #5 · answered by SweetBrunette 5 · 0 0

Unfortunately this is a common outcome of a divorce where one spouse is blinded by the emotions and intentionally ruins both of their credit because they can

for in reality they are not only running your credit but theirs, unfortunately they are so consume with the hatred they do not care about running their credit as well

you can talk to your lawyer they can require your ex to do x, but none of this or a judge order can separate you from your ex on any third party bill you occurred during the marriage, so under no court order the credit card or the bank note have to let either one off

hate to say it but if he wants to take you both down the one last power trip he has over you, it may happen get on with your life

2007-07-05 14:39:22 · answer #6 · answered by goz1111 7 · 0 0

You should have an attorney that is representing you in the divorce. Inform the attorney of this financial issue. He should be able to file an ex-parte motion in court invoking a ruling that your husband take responsibility for the bills he previously was paying until such time as your divorce is final. And, it will also serve to notify the judge that the rampant running up of debt should be reviewed and possibly heavily assigned to your ex-husband for payment.

Do not go to credit councelor. This one's beyond their scope. You can't fix it before you can control the spending and assign responsibility.

Note: An ex-parte can usually be heard within 1 week.

2007-07-05 13:41:21 · answer #7 · answered by Zeltar 6 · 2 0

talk to your divorce attorney. Do you have a separation agreement? If not, GET ONE!!!!!!

If ya gotta file bankruptcy, you can certainly recover from it. My EX forced me in to bankruptcy when we were divorcing. Both bankruptcy and divorce were final in 2000. I bought my first home in 2003, and my credit score is over 700 now!

2007-07-05 13:55:21 · answer #8 · answered by Leah 4 · 0 0

1) talk to a divorce lawyer

2) debt incurred during the marriage is maritial debt (you're both responsible--50/50) unless you've got grounds to prove otherwise

3) the house must be refinanced/sold. the equity will be used to pay the maritial debt at closing. whatever is left over is negotiated between you & your ex

4) get your credit report & dispute it because it was paid during closing (this will improve your score)

5) don't file bankruptcy if you don't have too. i didn't file.

good luck

2007-07-05 15:06:21 · answer #9 · answered by hi91977 3 · 0 0

Get a lawyer -

2007-07-05 13:36:32 · answer #10 · answered by Mike Frisbee 6 · 1 1

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