Mobile, AL asked in Divorce, Bankruptcy and Consumer Law for Alabama

Q: What can I do?Ex-husband filed 5 yr. bankruptcy I am still on the deed. divorced 20 yrs.ago.Judge gave him debt of home

The divorce decree 20 yrs. ago, said He was awarded the home,and that I was released from all and any indebtedness due on the home. Now it has ruined my current credit, showing on my credit a 4 month late on mortgage, that I do not have. I did not know about the filing of bankruptcy that he filed in 2014 on the home. Chase never contacted me about the bankruptcy, neither did my ex-husband. He knew my current address.

I recently own another home and re-married that is also with Chase Mortgage.Chase contacted me over 10 yrs. ago when they were late on their mortgage before.

What do I do? He has ruined my credit, I was recently turned down this month of Sept. for a loan because of his stupidity.

What are my legal rights?

1 Lawyer Answer
Rafael Gil III
Rafael Gil III
  • Bankruptcy Lawyer
  • Dothan, AL

A: The question is a little confusing. Did your husband file for bankruptcy and discharge the home? If he didn't then the bankruptcy by itself is not hurting your credit rather his late/no payments is! Is he in a chapter 13 or chapter 7 bankruptcy? Regardless, this is a common problem with ex-spouses. Although you have an order from the circuit court ordering him to pay on the mortgage, he has filed for bankruptcy and he is protected. The usual result is that the non bankruptcy filing spouse will have to file their own bankruptcy to protect themselves. Yes, I know....not fair at all......

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