Legal Question in Credit and Debt Law in Texas
Can I be sued for damages?
I got divorced in July. My ex-husband wanted nothing to do with the house we purchased during our marriage. The loan was drawn in my name because he had bad credit. A couple of months after the divorce, I lost my job and ended up having to walk from the house and credit card debt. He is now threatening to sue me because the foreclosure of the home as well as a credit card who he was a signer on has hit his credit as well as Lawyers calling him about the foreclosure and such. He was aware of my situation (foreclosure and inability to pay the bills anymore at the time it was about to happen) but was not too concerned because as far as he was concerned, it was all in my name and wouldn't do anything to him.
The decree was non-contested, property already seperated, both parties responsible for their own debt, etc.. Can I be held liable for damamges to his credit?
1 Answer from Attorneys
Re: Can I be sued for damages?
Depending upon the language of your divorce decree he may be able to sue you for the portion of the community debt you let fall on him. The agreement as to who's responsible for what is strictly between the parties, and has no force or effect on the creditor to the community.
The house was community property, and therefore community debt. Same with the credit card. Insofar as the law is concerned, he's responsible for his own credit. Unless you did something to deliberate hurt his credit, such as filing a false report, you can't be held liable for what his credit is or becomes.