Legal Question in Credit and Debt Law in Florida

My ex wife and I divorced in 2007. I quit claim the deed to the marital home to her and she was to be responsible for all debts associated with home. This is all stated in the marital settlement agreement. However, my name was never removed from mortgage. She recently had the home foreclosed. I have since remarried and my new wife and I have a joint car title and joint savings and checking accounts. Can the mortgage company come after these assets? Does it matter if my new wife's name is first on the title or second? She of course is concerned about her premarital assets being used or having a lien placed against them for a past debt of mine.
Thank you.

Asked on 8/24/09, 8:27 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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Creditors like mortgage companies don't care about divorce law, and they don't have to. If your name is on a debt, they can come after, regardless of what your marital settlement agreement says. And if your name is on an asset, even if your new wife's name is also on, and even if your new wife owned it premaritally, they can come after it. There are some exceptions to what they can take, and you should sit down with a lawyer to discuss those exceptions, but creditors care about whose name is on debts and assets, they don't care about marital or divorce status.

Answered on 8/24/09, 11:19 pm

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