If one of my debts still has my ex-wife listed on loan and our decree, I am required to pay this debt, can I file and not include this it?

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If one of my debts still has my ex-wife listed on loan and our decree, I am required to pay this debt, can I file and not include this it?

Asked on May 7, 2012 under Bankruptcy Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though many spouses think that a divorce decree settles the finances of a divorce, it often does not.  The creditor was not a party to the divorce, and as such will not care what the divorce decree says.  If either of your names was on the debt during the marriage, then the creditor can legally go after either one of you to collect.  If you have to pay on a debt because your ex-wife fails to pay her court-ordered obligation, you could file a motion to enforce or recoup the amount you paid.  If you file for bankruptcy, you are required to list every debt.  Failure to list certain debts can create problems in the filing of your bankruptcy.  Make sure that your bankruptcy attorney gets a copyof the divorce decree so that they can help you resolve the debt either through the divorce court or bankruptcy court.


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