Can I sue my ex-spouse who defaulted ona loan thatI co-signed for them, if the creditor is now demanding payment from me?

UPDATED: Aug 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue my ex-spouse who defaulted ona loan thatI co-signed for them, if the creditor is now demanding payment from me?

My spouse and I separated. She filed Chapter 7 and included a debt consolidation loan that I co-signed for her. We are currently filing for divorce. Can I sue her to pay the creditor who is now coming after me for the debt she defaulted on?

Asked on August 10, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the creditor ends up suing you for the obligation you co-signed for your ex-spouse you can bring your ex-spouse into the lawsuit on a cross complaint for "indemnity" claiming that since you are obligated on a loan that you co-signed for her, she is liable to you for any monies you are ultimately responsible for under the loan where she was the primary beneficiary of it assuming she does not get this obligation dicharged in bankruptcy.

However, since she filed for Chapter 7 bankruptcy protection, you need to file a creditor's claim as to her for this loan as well. If you do not, her obligation to you concerning this loan will be wiped out in her bankruptcy assuming she obtains a discharge.

To help you on this possibility, you need to review your final marital dissolution agreement and order assuming you have one. The dissolution agreement may mention this obligation and whose obligation it is.

You should consult with a bankruptcy attorney about this situation with your "ex-spouse" and the loan you co-signed on for her.

Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption