Legal Question in Credit and Debt Law in Montana
Obligation to a loan after ex-husband files bankruptcy
While still married to ex-husband a loan was taken out with myself as a co-aplicant. The divorce decree states that all assets and debts were to be split equally. After having left Mt. and moving to Ca. I was purchasing a new home with my new husband and in the process of purchasing this home the credit report pulled up the account mentioned above. I called the bank of the loan and explained I was no longer with my ex and wanted to have my name removed from that account. They gave me the inpression that it was taken care of and my name was no longer on the loan. (oh how naive I was) And since my loan went through on my new home I figured everything had indeed been cleared. The purchase of the new home was 19 months ago. I just got a call from the ex and he filed bankruptcy, then received a letter from the bank of the mentioned loan and apparently my name was never removed, and now they want me to pay.at the time I had called to have my name removed did they have an obligation to inform me of the procedures to have my name removed (that I now have learned about)? or was it just in their best intrest for my name to remain on the account? Do I have any sort of a chance on this or am I.. stuck .. with the bill?
1 Answer from Attorneys
Re: Obligation to a loan after ex-husband files bankruptcy
I am afraid you are somewhat stuck with the bill.
The court order was an order between you and your ex. The bank was not a party and the court had no jurisdiction to effect it. As a result, your obligation to the bank is still in effect, even though your ex was ordered to pay it. His bankruptcy relieve him of his obligation(s) and left you as the remaining obligor to the bank. Work out something with them. Further, you can write a letter to the credit bureau which is reporting your obligation and that letter will accompany any response they make to any inquiry about your credit. It is not unreasonable for you not to understand what is a complicated situation.
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