Is my ex-husband responsible to pay back the money he usedon a home equity credit line if we share a mortgage on the house?

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Is my ex-husband responsible to pay back the money he usedon a home equity credit line if we share a mortgage on the house?

My ex-husband and I have a mortgage on a house that I still live in. I stayed to raised my children, and my youngest just moved out. I would like to sell it now. I checked into our mortgage and our debt is very high. My ex-husband used $45,000 on a credit line we have on the mortgage for the business he owns. He refuses to put that money back in, and basically I’m screwed out of my portion of our divorce agreement on the house, 70-30. Do I have any legal recourse for him to replace this money?

Asked on June 21, 2011 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your divorce decree states 70 percent to him and 30 percent to you? It doesn't sound right. You need to go back in and amend your divorce decree because if he was hiding this debt from you and from the court, especially to use on a business in which you did not claim any contribution or payment, then it needs to be addressed. You need to inform the court exactly how much he borrowed, for what, and how much of that he has paid, how much this money has enhanced his business and if his business has profited. You need an accounting and if you have counsel, you need to show this to counsel and move forward with a request to amend.


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