Legal Question in Family Law in Florida

divorce/credit

My husband and I divorced in FL in 2001. In the settlement he got the house and was fully responsible for the mortgage. I moved to AZ that year and would ask him from time to time if he had refinanced yet. He was always going to ''get to it'' when the rates got lower. I should have pushed him. Last year he failed to pay his mortgage for over 90 days. I found this out when one of my credit card companies informed me that they were raising my rate. My credit report is excellent except for this item (a record of zero late payments over the last six years on my personal credit) . He never told me that he had fallen behind in his payments-which he has since caught up on. He is putting the house up for sale this month in order to pay off all his personal debts. He will be moving in with his fiancee who owns her own home and will not need to apply for any kind of credit for some time. I'm a grad student/ about to go overseas and need a good deal of credit in the immediate future. I'm wondering 1) if there is any way to get this off my credit report, 2) can I sue him for ruining my credit , 3) though I only lived in the house for three months, he stands to make a good profit on it-am I entitled to some of that profit? Any ideas?


Asked on 5/26/07, 1:46 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: divorce/credit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Get a copy of your credit report. You can then write to the credit reporting agencies advising them of the circumstance and ask them to add an explanation of your situation which will then show on your credit report. While it may not raise your score, it will help you with some decision makers at lenders in granting credit to you.

Unfortunately, you were probably unrepresented by an attorney during your divorce and figured you had nothing to lose. This is the result of a bad decision as an attorney would have assured that the husband would only have a limited time to refinance the property or be in breach of the court order.

You might have an action against him for damaging your credit score. You should consult a qualified consumer attorney to discuss all the facts.

You stated he "got the house" in the settlement. On what grounds would you think you have a right to any profits? You do not have any claim for any of the profits as you have not owned the property during the past 5+ years. If someone gave you that idea, they are sorely mistaken.

Scott R. Jay, Esq.

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Answered on 5/26/07, 10:45 pm


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