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Can creditors go after an ex-spouse if their name was on credit account even if the divorce said the other partner was responsible? |
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Answer
They can try. Will they be successful? Hard to tell without knowing which state you live in and the exact terms of your divorce. You probably would be well advised to discuss this with the attorney who handled your divorce.
Answer
I agree with Nikki. In Indiana, the creditors can normally sue either spouse regardless what the divorce decree says, and the aggrieved spouse's recourse is to counter-sue other spouse who was supposed to pay the debt. The aggrieved spouse may also go back to the divorce court and try to get the spouse who was supposed to pay the debt held in contempt of court for disobeying the divorce decree. But, none of this protects either spouse from the actual creditor. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
First answer by Nikki Macmillan. Last edit by Joseph Ross. Question popularity: 171 [recommend question]
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