How do I get the debts that my ex-husband is responsible foroff of my credit report?

UPDATED: Sep 3, 2011

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How do I get the debts that my ex-husband is responsible foroff of my credit report?

In our divorce papers the debts were split up between us. Unfortunately most of the debts are in my name only. I’m trying to see if there’s a way to make him actually responsible for these debts or am I stuck with these on my credit report until they’re taken care of or fall off after the 7 years?

Asked on September 3, 2011 under Bankruptcy Law, Illinois


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

Answered 11 years ago | Contributor

I'm afraid that you might well stuck. The fact of the matter is the these debtors were not a party to your divorce action. Therefore, if your name was in the debt (credit card, etc), as far as the law is concerned you are the responsible party to pay.

However, since your divorce decree split up certain debts, to the extent that your husband has not paid them as per the order of the court, you could have him held in contempt. Additionally, you could sue him in small claims court for reimbursement for any amounts that you are put-of-pocket.

As to your credit report, an individual is allowed to place a statement in theirfile explaining any negative notations in their report. This may help somewhat.

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 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.

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