How canI get a debt that is in my name butwas incurred during marriage, made part of my settlement if my divorce is already final?

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How canI get a debt that is in my name butwas incurred during marriage, made part of my settlement if my divorce is already final?

I recently found out while trying to get a home loan that I have $4000 in debt that is preventing me from getting a USDA loan; 95% of the debt was incurred during my marriage. It was not addressed in our divorce papers because I didn’t know that it was there. How do I get it split now that the divorce is final? I want to get my name cleared and get this loan to move on.

Asked on April 25, 2011 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I do not mean in any way to sound contrite but how could you not know that it was there?  Was it a loan?  A credit card debt?  What? It is going to be very difficult to go back now and deal with this - not impossible but difficult.  If you and your ex negotiated a divorce settlement - and even if you did not and there was a trial on the issue of what was and what was not marital assets - then you have to re-open the issue to include the $4K.  But there were already representations made that there was no other debt.  See the problem?  So you can make a motion to re-settle the divorce decree and include the money.  You may, though, try and speak with your ex and negotiate the matter between you.  Good luck.


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