Can I be sued for a home equity loan that was to be paid by ex-husband according to terms stated in our divorce?

UPDATED: Dec 30, 2010

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Can I be sued for a home equity loan that was to be paid by ex-husband according to terms stated in our divorce?

Our signed divorce papers state that my ex-husband is responsible for all marital debt, holding me harmless. We divorced 6 years ago and since then he has filed for bankruptcy. I was just notified that I am being sued for an outstanding home equity loan that he did not pay.

Asked on December 30, 2010 under Bankruptcy Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, you can. The fact is that your lender was not a party to your divorce. Consequently, since you were a co-borrower and your husband declared bankruptcy, the lender can look to you for repayment (this would have also been true if no bankruptcy had been filed).  In other words, you remain liable for the debt.  The divorce decree comes into play insofar as you can now sue your husband for reimbursement of any money that you are out-of-pocket.  Unfortunately, it appears that you won't be able to collect from him (at least for some time).

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