Okay, let's see if anyone will help on this one

ankrussell · #1 (**permalink**) 05-05-2008, 05:08 PM

Okay, maybe I should rephrase my question????

If I have debt ( in the form of a mortgage that was court ordered in the divorce to be refinanced out of my name, but never was)....and I am remarrying, if the debt is forclosed on or my ex-tard files bankruptcy and they come after me for the debt, could they access my new husbands assets??

ALL help is appreciated.

GarySpicuzza · #2 (**permalink**) 05-05-2008, 06:56 PM

No, your new husband isn't responsible for your past debt created by your former marriage. No different than if your new "tard" committed murder 3 years ago..... you don't go to jail for that just because you married the guy.

The lender is never going to take your name off that debt unless your ex-tard can qualify on his own for a new mortgage. Sometimes judges "order" things in a dissolution case that can't be accomplished.

For example, I've had clients where judges have "Court Ordered" they buy life insurance to secure the provisions of the marital settlement agreement but the person is uninsurable for whatever medical condition. In that case, that part of the order can't be enforced.

As for as foreclosure is concerned that will effect your credit rating but if you have a court order showing he was responsible for the mortgage most lenders will not hold that against you.

Quote:

ex-tard

That's funny!

ankrussell · #3 (**permalink**) 05-06-2008, 03:44 PM

Quote:

Originally Posted by GarySpicuzza

No, your new husband isn't responsible for your past debt created by your former marriage. No different than if your new "tard" committed murder 3 years ago..... you don't go to jail for that just because you married the guy.

The lender is never going to take your name off that debt unless your ex-tard can qualify on his own for a new mortgage. Sometimes judges "order" things in a dissolution case that can't be accomplished.

For example, I've had clients where judges have "Court Ordered" they buy life insurance to secure the provisions of the marital settlement agreement but the person is uninsurable for whatever medical condition. In that case, that part of the order can't be enforced.

As for as foreclosure is concerned that will effect your credit rating but if you have a court order showing he was responsible for the mortgage most lenders will not hold that against you.

That's funny!

Yeah, it's funny for those on the outside, but I seriously am having trouble figuring out how the tard is deemed legally sane and competent.

Thanks for your help....

maat55 · #4 (**permalink**) 05-06-2008, 11:23 PM

Contracts are only binding to the people who sign them. If your parents die with a large debt, you are not responsible, but their estate would be.

I sense frustration, perhaps a margarita is in order.

beaner · #5 (**permalink**) 05-08-2008, 05:04 PM

I fought tooth and nail to get my ex-tard off my mortgage loan, etc. It was a lengthy process, but it was done. He is no longer on the loan or any other papers that have to do with my home - ie: property tax, deed, etc.

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