Legal Question in Family Law in Washington
Civil damages from damage to credit rating
My ex-wife took over some community debt that is still in my name as per our divorce decree. Then she basically decided to just stop paying it (includes a mortgage and home equity credit line). This has resulted in measurable and massive damage to my credit including 3 mortgage defaults. My divorce decree has a ''hold harmless provision'' which I thought indemnified me against such damage or at least gave me recourse, but now I'm not sure what to do. I am now in a place with my credit where I can't purchase necessary items (like a home or car) through financing and am losing money and financial opportunity.
Do I have a case to recover civil monetary damages from her as a result?
1 Answer from Attorneys
Re: Civil damages from damage to credit rating
Yes. it is a motion to enforce the decree and the Court will enforce the decree and the promises made pursuant to the decree.
Unless she's defaulted on an obligation to pay support or maintenance, this is NOT a contempt action.
Figure out precisely how much this has cost you, and go ask to recover it from her.
Divorce cannot prevent third parties from attempting to recover what a community borrowed and failed to repay. The third party's right to recover is not precluded by a divorce decree, they are going to search out whoever has the assets.
Sounds like that's you.
YOu can always pay off the obligation and then go after her for her contribution, if that would be easier.
Hope this helps. Powell
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