Do I have any rights?

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Do I have any rights?

Hello I have been divorce for 15 years now and in that divorce y ex husband signed documentation stating that a loan he received during our marriage would be his responsibility to pay and I’m not to pay anything. Today I found our that I have a lien on my credit from this loan he is responsible for. My question is do I have any legal rights?

Asked on July 15, 2016 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The agreement between you and your ex-husband does not directly affect your obligations or the rights of whomever now owns the loan: that is, while your ex-husband may have agreed to take responsibility for the loan, the lender did not agree to that; therefore, as far as the lender, or their successor in interest (the company which has the loan now), is concerned, you are still liable for the loan, and the law will back them up on this. You  can sue your ex-husband for violating his agreement to pay the loan, in order to recover compensation for any/all losses you have incurred, but you can't make the lender stop seeking the money from you.


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