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Can Bankruptcy Help Me Deal with Debts from an Ex-Spouse?

Posted By Allmand Law Firm, PLLC || 6-Jan-2014

Am I Responsible For My Spouse's Debts? Maybe...

While having the ability to make payments on debt obligations is enough of a struggle alone, some debtors have to deal with an ex-spouse who has yet to start paying their share of the debt. You may have a divorce agreement that details that is responsible for making payments on certain debts, but it may become a problem when the ex has not made payments. Creditors are now coming after you instead of your ex. So how should you handle this?

This may be a good time to consider exploring your options with a qualified bankruptcy lawyer in Dallas / Fort Worth. You can get answers to basic questions to help you understand how to handle the situation and if bankruptcy is an option. Since you had a divorce agreement in place you have legal rights against your ex-spouse, such as a hold in contempt of court.

In some cases, if the ex-spouse files for protection and the other spouse does not, you could seek to repay or reimbursed for debt you paid based on the divorce agreement. This would be if you were forced to pay on debt your ex-spouse was responsible for paying until they became no longer able to pay towards it.

Keep in mind if you and your spouse were obligated to pay the debt, the creditor has a right to pursue both of you, even if you are divorced with an agreement in place. Your ex-spouse may have agreed to pay the debt even though you are also liable for any outstanding balance. If you file bankruptcy and eliminate your obligation to pay, creditors may pursue the ex-spouse unless they get protection as well.

Reference: http://blog.nolo.com/bankruptcy/2013/12/03/filing-bankruptcy-when-ex-wont-pay-joint-debts-per-divorce-agreement/

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