Legal Question in Credit and Debt Law in Connecticut
I co-signed a loan in 2003 with my husband at the time. He was making all the payments and stopped paying in 2005. The balance at that time was $701. I was never aware that the loan was not completely paid. We divorced in 2006 and he never mentioned this as an outstanding balance that needed to be settled. Now I am trying to refinance my mortgage, and I just found out that this debt is still outstanding. I cannot refinance until it is settled - the balance is now over $1000. Is there anything I can do to get my ex-husband to be responsible for this debt?
1 Answer from Attorneys
Yes, possibly. You didn't state whether your divorce was uncontested (everything settled by agreement) or contested (everything decided by a judge). Nevertheless, if your former husband failed to include this debt on his financial affidavit at the time you were divorced, (and as you claim, you didn't know it wasn't being paid), if you can show he committed a fraud, you may be able to reopen the divorce on this one issue and request the court to force him to pay the debt. I can't tell you whether I think you will be successful because I do not have all of the facts.