Can I sue my ex-husband for damages done to my credit as a direct result of his not paying a mortgage he was awarded in our divorce?

In my divorce my ex-husband was awarded our residence. Per the judgment he was to make all payments and I was not to be responsible. He bought a new house last fall and later a new car. He quit paying the mortgage 10 months ago on the home he was awarded in our divorce 4 years ago. My credit has dropped over 200 points and the house is now foreclosed and up for auction, and have been denied credit due to this delinquent account which was the only change to my credit. I have contacted my attorney and the bank however each is telling me to contact the other.

Asked on March 17, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue your former husband for breaching the maritial dissolution agreement where he was to make the mortgage poayments on the hosue that you were awarded but he failed to do so resulting in its foreclosure and damage to your credit report. The problem that I see is how to value your damaged credit rating in terms of dollars and cents.

For that number you would have to retain an expert in the area of credit damages to come up with a dollar figure for it. I also suggest that you consult with an attorney that practices in the area of consumer law to assist you further.


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