Legal Question in Credit and Debt Law in Michigan
divorce
I asked this question previously, and appreciate the answer I received. However, I think it was read incorrectly that I filed for bankruptcy. I did not; my ex-husband did. I would like to make sure that I am still not liable for the debt with this clarificaiton. Thanks.
I live in MI. My ex-husband incurred debt prior to our marriage. We have since divorced and he filed for bankruptcy after it was final. His debt is showing up on my credit report, some of which has been sent for collections. Am I liable for his debt, even though he declared bankruptcy, we are divorced, and the debt was incurred before our marriage?
2 Answers from Attorneys
Re: divorce
It depends on the terms of your judgment of divorce and how the accounts that are appearing on your credit report were held - i.e., joint, etc., and who was responsible for them in your judgment of divorce. I don't think your question can be answered with certainty without having a lawyer review your judgment, credit report, your ex-husband's bankruptcy paperwork, etc.
If you need to retain me to assist you, please contact me to discuss the legal fees and set up an appointment.
Thanks.
Re: divorce
I was not sure whether you filed for bankruptcy or not based upon the previous question, so I tailored the answer to work either way. If you have signed a note for a loan or signed a contract promising to pay money, then unless you discharge the debt in bankruptcy or settle the matter otherwise, you are still obligated for the loan you agreed to pay if the statute of limitation has not lapsed. Creditors have 6 years to collect on a breach of contract.
If you did not sign on the contract at all, no, you are not liable on the loan. A spouse does not acquire the debt of the other spouse just because they married them.
If you did sign on the loan and only your ex filed for bankruptcy, then the creditor can still come after you unless again, the statute of limitation has lapsed.