What to do about debt that my former spouse was supposed to pay but no longer can?

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What to do about debt that my former spouse was supposed to pay but no longer can?

I was recently divorced. My e-wife agreed to pay the credit card debt; I agreed to take the house. I refinanced the house and she continued paying cards in my name. Now, however, she has cancer and can noo longr pay; she is filling bankruptcy. Will I be stuck with the credit card bills? I really can’t afford to on my car on my salary since I have the mortgae and a car loan. Should I file bankruptcy?

Asked on February 2, 2013 under Bankruptcy Law, Kentucky

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for the situation and her illness.  It is hard to give any guidance here with out being able to look at what is what.  But from what you have said it sounds as if you need to speak with an attorney about what your options are here given that the debt is still in your name.  Her filing for bankruptcy will not matter to the credit card companies since she is not legally responsible.  You could sue her based upon the settlement agreement but really it seems that it will not get you anywhere.  Good luck to you all. 


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