Legal Question in Family Law in Maryland

Co-signer on bills

My husband and myself sold our house and split the monies 50/50. I was responsible to pay my bills and he was responsible to pay his. The only 2 bills that he should have baid were to bills that were joint. He spent the money on drugs and now the bills are past due. Is there any way that I can be removed from being co-signer on these bills?


Asked on 6/23/04, 12:01 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Co-signer on bills

The creditor will look to whomever is responsible to them to pay its bill. If your ex doesn't pay, they will try to collect from you. You have a right to seek reimbursement from your ex if you get held responsible for the debt. It would have been smarter to have had the settlement attorney pay off all the bills out of the sales proceeds, but obviously it's too late for that now.

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Answered on 6/23/04, 12:18 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Co-signer on bills

Although other resolution could have been achieved, you now are where you are.

The creditor could be contacted to pursue a work out. This may or may not be beneficial. Generally a creditor will pursue recovery from any and all lawful debtors. At a minimum, you should contact all creditors and ensure that you are removed from any responsibility for after-acquired debt.

You could pay the debt and then seek contribution from him. If there are any marital assets left then his portion could be requested from these assets during your pending divorce.

Another option is to effect either a separation agreement or simple agreement to address the matter. Taking this route tends to eliminate the chance that the judge will not find in your favor through the action for divorce.

Contact an attorney. I am available at (410) 799-9002.

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Answered on 6/24/04, 12:04 pm


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