Legal Question in Credit and Debt Law in California

Combined debt from the ex

My ex husband and I encountered debts in our marriage. We were divorced in Nevada about 18 months ago. It was kind of a �Do it yourself� thing. In the divorce it split up the debt and stated what each of us were responsible for. I have kept up my part of the bargain. In fact I acquired a consolidation loan in my name only and put what I said I would pay into that loan. My ex just decided to not pay attention to any of it and not pay anything. I did send and affidavit to 2 of the accounts stating that I had paid my portion to them and that he was the responsible party. Along with copies of the divorce decree. One company I haven�t heard from in some time, but I don�t know for sure if they are honoring that. The other still calls me. I just found out that my ex filed bankruptcy last week. So far it seems like my only option to protect myself from them is to do the same thing. Is there anything else I can do? Do I have any legal rights against theses creditors? One of the bills was a phone bill that he ran up after I left. The others are 2 credit cards.


Asked on 1/30/01, 4:56 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Combined debt from the ex

The creditors are not obligated to honor your divorce settlement agreement. If they were joined debts of the tiny remarried they are free to go after either one of you regardless of what you're settlement agreement was. Whether or not your ex-husband can discharge his obligation to pay the debts in a bankruptcy depends on how the settlement agreement was worded. If the settlement agreement was properly drafted, he would still be obligated to pay those debts, otherwise, he can discharge in the bankruptcy. The only way to know for sure is heaven attorney read the settlement document.

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Answered on 3/15/01, 1:16 pm


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