Legal Question in Credit and Debt Law in Texas
Pre Divorce Debt
Two years ago I was divorced and my husband was granted our home, he has now defaulted on the loan and the creditor is now harrassing me for the note. Do I have any legal rights to stop them from expecting me to take up this loan ?
Thank you
2 Answers from Attorneys
Re: Pre Divorce Debt
Your divorce lawyer should have told you that the allocation of debts in a divorce decree has ABSOLUTELY NO EFFECT on the rights of third party creditors unless they are actually served with the divorce (the lawsuit, not the decree).
Since it is unconstitutional to imprison people in this country for debt, it would require a MOST unusual decree provision in order to let you get your ex held in contempt. You are probably limited to sueing him and getting a judgment -- just like the finance company will get against you if the proceeds from the sale of the home, after foreclosure, do not pay the mortgage in full, plus the cost of foreclosure.
OR, you can take up payments & fight it all out in court.
Re: Pre Divorce Debt
Unfortunately, no. The agreement between parties in the divorce is not binding on the creditors.
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