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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption