What are my rights if my ex-wife has been ordered in our divorce to pay the credit cards we had which are in my name but she isn’t paying?

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What are my rights if my ex-wife has been ordered in our divorce to pay the credit cards we had which are in my name but she isn’t paying?

I am sick of the debt collectors calling me and having to deal with them. She has obviously not been paying even though ordered by the divorce decree to do so. It will take years to fix the damage she has done to my credit all the while she is living in our old house with our kids with both our cars and with the guy she cheated on me with. That is the other thing as well is that she has done nothing to get my name off the mortgage for the house even though she got that in the decree too as well as the mortgage payment that goes with it. I am getting screwed all around.

Asked on November 23, 2011 under Family Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

Yes, it does seem as if you were given the short end of the stick here.  Were you represented by an attorney during the proceedings? Becuase it seems like it was "inequitable" distribution from what you have said.  But maybe not.  Your agreement as you state it here does indeed give her some responsibility in paying off debt, etc.  She just does not seem to be carrying it through.  So what you need to do is to bring her back in to court to either hold her in contempt of the court order indicating that she has to pay or in violation of the agreement that you two entered in to in the divorce.  As for the house, was there anything in the agreement or otherwise that states that she was to refinance?  And within a certain period of time?  Then if she has not complied you can also bring up that matter.  But you may want to ask the court to allow you to modify the agreement and to sell the house to get it out of your name if she has not complied.  It will be forcing her hand.  Good luck. 


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