CREDIT HISTORY AFTER DIVORCE

[Anonymous]

Hello All,

I have a question about how to deal with credit after divorce. I got divorce almost a year a go and my credit went down to the ground because my ex husband is not paying the only credit card we had in both names. It was declared by the judge in the final judgment that he will be responsible for this debt and i will keep all others. This is the only item that is affecting my credit at this time. Because all my other debts like mortgage and car payment are always on time. While I am building his credit paying the mortgage on time(his name still on the loan mortgage) Now what can I do( If something possible) to stop my credit score getting worst?

[Anonymous]

There's no way to do that while the account is still open or unpaid. Your divorce is only binding on your ex, not on your creditors.

[Anonymous]

Is it a joint acct? Or are you just an Authorized User? If this is a joint account call the credit card company and ask them to close it. You'll probably have to pay it off (at least you'll know the payments are on time), but at least your ex will no longer be dragging your score down. Depending on the amount that you pay you could take him back to court to try to collect, but it will probably cost you more in legal fees than you could recover from him. Take the one time hit and be done with him forever. As for building his credit with your mortgage you can try to refinance on your own. Good Luck

Message Edited by Erik on 04-02-2007 05:36 PM

[Anonymous]

Sorry this is happening to you.  It is men like that who give us honest men a bad name.  First thing you need to do is to close the account.  If your name is on it, you should be able to close it.  He will not be able to re-open it without your approval.  I am going through the same thing with my ex's house payments.  With so much effecting our personal credit, it makes me upset to see how much other people can do to effect it!!!

[Anonymous]

Thanks for you answer I tryied to close the account but the bank will not close it unless I paid off the balance( BALANCE THAT i NEVER USE, JUST MY NAME WAS ON THE ACCOUNT BECAUSE HE DID NOT HAVE NO CREDIT ) which I dont have that amount of money. I tryed to get a loan to pay it but because that revolving account affecting my credit nobody will give me a loan.It is so unfair because his name still on the loan/ mortgage  and it on time every month. I really don't know what else to do.

[Anonymous]

An extreme solution would be to sell your house. Unfortunately this is what I had to do when when I got divorced. My ex left me with about 50k in debt (not including my mortgage), the kicker is that I only knew about $15k of it. The other debt was opened by my ex in my name only with my ss# without my knowledge. In our divorce decree she was ordered to pay off her half(??) of the debt. Still have not received a dime from her and I never expect to. So I have been doing it all on my own, 2 years later I have mostly recovered, only about 6k left to pay and my scores are finally starting to go up. Your looking for help here is a great way of finding creative solutions. Good Luck

[Anonymous]

There is a way...! Go back to your attorney who handled your divorce and and tell him he's not living

up to the court order(s) and you want to drag him back into court and have the judge cite him on contempt of court order for not paying this obligation, and ask also if you can sue him for damaging your credit and  for lost wages from work doing the court thing along with all the cost associated in suing him. Have your attorney look into your state law(s) on truth and lending law(s) to see if also you can compel the credit card company to recognize this court order; that he alone is now responsible for this debt and remove your name from this joint account!

I'm no attorney nor do I want to be, but that's why we have court(s).  You can sue anybody any time and any place even if he don't show for the hearing or he is in abstinence of the hearing.

And if cost are an immediate issue to do this court suit check with your attorney if small claims court is an option.

Good Luck!

Harleydwi

[Anonymous]

I'm in a similar but not exact situation. I've done a LOT of my own legal work, becoming quite knowledgeable. According to my bankruptcy lawyer, I know more about it than do most of the attorneys around here. Note I've had to file BK - this was after my spouse quit his job when he learned I had a deadly form of cancer [still around - yah!] in 2001. When the financial abuse didn't work to drive me out into the streets, he resorted to violence. The Court here put him out of our jointly titled house; I had to file BK to force my lender [who'd purchased it in bulk but didn't service per laws] to provide me an accurate amortization schedule & loan pay off amount. After a lengthy legal battle wherein I had to actually break down & hire an expert attorney, in a formal Hearing we "won" over $55K back from the crooks [EMC Mortgage Inc. out of Texas] who were supposed to be legally servicing our loan. The marriage failed & I had to take over paying the now accurate mortgage payments, which unfortunately I've been unable to do as you can see from my 'handle' here, I'm not in a good place healthwise or financially. My Ex has provided NOTHING - he is working under the table to avoid not only the mortgage but to avoid paying the lawyer [cost me $12K to get that $55K back from the mortgage co.]. [br] [br] I've been doing my own divorce & have learned that a Court order from a Judge can be enforced upon the creditor, whether they like it or not. There is a basic process you follow per your local Court rules, wherein the creditor is served legal notice of a Hearing you request, using a Motion, to force them to follow whatever State laws pertain to lenders in your State & of course, Fed laws apply too [State courts can enforce Fed. laws to some extent]. Most lenders will NOT want to face you in a court of law - mine resisted for SEVEN YEARS. But with the right legal hammer, basically a well written motion for whatever you're seeking, you can force them to a Hearing, wherein you outline the prior judgment of the Court to have part of the debt or all of it credited to your former spouse. It's highly doubtful a Court will order to assume responsibility for a debt you didn't create, ESPECIALLY IF YOU LIVE IN A STATE THAT BARS SPOUSES FROM ASSUMING THE DEBTS OF THE OTHER SPOUSE! My State is like that - regardless of my ex-spouse's debts, I can not be forced to assume them even on joint accounts, though NOT jointly titled real property [real estate]. Please check your state laws or have an attorney do it for you. Use a Court order from the past to your advantage. Get back into Court, get that lender into Court & straighten this out or else your credit will be destroyed like mine has been.

Message Edited by disablednbroke on 04-07-2007 10:35 AM