Valued Contributor
Posts: 1,671
Registered: ‎05-24-2007
Re: Ex Did a Terrible Thing... Is My Credit Ruined?
[ Edited ]

ivyalmighty wrote:


Does anyone see any other option for me, besides bankruptcy?



Probably not, but let's look at this a bit more.


I would start by pulling your three credit reports and looking at the facts about the "responsibility" of each account. If any say AU, I would dispute as "not mine". If any say "joint" then look at the actual accounts and/or his account statements to see it they are actually joint. This is a good example of why joint accounts are probably a bad idea for anyone.


The information on "separated" or such is going to vary so much by state that you can probably only get good info from your Family Law Attorney. Did either of you file for divorce? The initial filing normally has language that makes what he did contempt of court.


The run up in debts may have big issues since it looks like it might be intentional. BK may toss out those debts. In any case, if you are actually joint and they don't get all of it from him, they will come after you for the rest. If he even file, they might just start with you for all of it. They won't think about it being half his debt and half your debt. They simply want to get paid. That probably means you would get force to file to protect any of his debt.


FYI: the mailing address being his, the charges be his, etc. will be completely irrelevant to the creditors. It could help if you have a provable contempt of court claim in the divorce but if you haven't filed for divorce before the charges then that argument is gone. If he truly can't earn money and has no assets then there isn't much point in getting a judgement against him anyway.


Depending on the laws in your state, his becoming disabled before the divorce is final may result in you paying him spousal support. I strongly suggest you talk with your Family Law Attorney ASAP. There is too much variability in the laws of different states to even guess at that.