Q: The divorce has been finalized for about 45 days. Neither party used an attorney.
My wife has told me that she plans to default on the mortgage, school loans, and credit card debt. Will (not can, but will) the debtors come after me?
A: What does your divorce decree say about payment of these debts? Is your Wife solely responsible for payment of the mortgage, student loans and credit card debt? If so, then you may have some remedies available to you through the Court that granted your divorce if she fails to pay. However, the divorce court has not jurisdiction (power) over your creditors. If your Wife defaults on a joint debt, the creditor can seek repayment from both of you. If the debt is solely in her name, then the creditors may only come after her. However, if you still have jointly owned assets the creditors may be able to come after those. I recommend that you have an attorney look over your divorce decree and nature of outstanding debts so he or she can advise you on the best course of action.
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