Q: I have been divorced for a little over a year. My husband got the house and was ordered to make payments on it, but it is in both of our names.
I started getting calls last month about the bank wanting their monthly payment and I was totally confused. Turns out he filed chapter 7 bankruptcy. He was ordered to pay for the house as apart of our divorce settlement, why are they now trying to come after me, can I just send them a copy of the divorce decree?
A: Wow, so sorry that I have to tell you this. You could now be responsible for the debt.
The divorce decree did not create a new contract between your husband and the lender; it’s between you and your husband. The note that ties you AND your husband to the lender still applies and always did.
Once he filed bankruptcy, the lender can no longer go after him for the house debt but they can come after you, after all you are the joint borrower.
I’d contact your divorce attorney asap, you may be able to take your husband back to court.
Hope this helps 🙂
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