My ex husband owes restitution for a felony fraud

I was married to him at the time he was convicted. He was making monthly payments. I left and we divorced. We have a house that was foreclosed on and is up for sale. We had equity in the house but he defaulted on that too. Can the feds take his debt out of this sale? Even though it was joint property? He remarried and doesn’t live here anymore. I am not the criminal and it did not take me long to figure out I could not be married to one. I do not think it is fair

for me to be responsible for whatever deficit remains because he is a crook. His new wife thinks that his criminal act should be covered by what was our joint asset.

Asked on June 22, 2016 under Criminal Law, North Carolina


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are an innocent spouse... so your assets or share of assets should not be used to satisfy your ex-husband's obligations.  However, this is a defense to seizure that you need to assert.  If you do not assert it, then you run the risk of your share being sold or seized to satisfy his obligations.  To protect your share of any assets, you really need to hire an attorney to at least send a demand letter on your behalf advising the justice department of your defense.  They may also be able to negotiate the sale to help further protect your assets from any furthe misunderstandings.

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