Legal Question in Family Law in Texas
I have a judgement on my public record/credit report that was actually my ex-spouses. It was in both our names however was actually hers. She quit work while we were married despite my telling her we couldn't survive if she did. Thus our credit went downhill and nothing could be paid and we ended up with a judgment. Later we got divorced due to this and other reasons but I got stuck with all the bills and problems. She got the house and sold it..I got nothing except high child support payments. Years later now I am remarried and we would like to be able to buy a home but cannot because of this judgment. I called the company to try to find out what I need to do but my questions is should I really be responsible or at least solely responsible? There is nothing in our divorce papers about bills like these. Can I request that the company allow me to pay half and they should mark my records as satisfied and go after her for the other (which should be on her credit report as well).
Any advise would be greatful. What are my options..what can I do?
1 Answer from Attorneys
Unfortunately, while you and your ex-wife may have divided your debts between you under your divorce order, your creditors are not subject to your divorce orders. Instead, they are subject to the original contract you (and/or your ex) signed with them (usually a credit card agreement, or a loan agreement). With that said, your creditors are going to want their money back, and they will look to either party to pay for it (you or your ex). However, they also know that - practically speaking - you can't get blood out of a turnip. Since it sounds like your ex-wife is relatively useless, your creditors will look to YOU to pay whatever obligation you have with them.