How canI get a debt that is in my name butwas incurred during marriage, made part of my settlement if my divorce is already final?
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How canI get a debt that is in my name butwas incurred during marriage, made part of my settlement if my divorce is already final?
I recently found out while trying to get a home loan that I have $4000 in debt that is preventing me from getting a USDA loan; 95% of the debt was incurred during my marriage. It was not addressed in our divorce papers because I didn’t know that it was there. How do I get it split now that the divorce is final? I want to get my name cleared and get this loan to move on.
Asked on April 25, 2011 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I do not mean in any way to sound contrite but how could you not know that it was there? Was it a loan? A credit card debt? What? It is going to be very difficult to go back now and deal with this - not impossible but difficult. If you and your ex negotiated a divorce settlement - and even if you did not and there was a trial on the issue of what was and what was not marital assets - then you have to re-open the issue to include the $4K. But there were already representations made that there was no other debt. See the problem? So you can make a motion to re-settle the divorce decree and include the money. You may, though, try and speak with your ex and negotiate the matter between you. Good luck.
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