Can I be held liable for any of my ex's debt if we are already divorced?

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Our divorce was finalized over year ago, in 6/2013. My ex just filed for chapter 13 bankruptcy. Can I be held liable for any of his debts? How about his legal fees associated with the divorce? Thanks!

Attorney Answers

2
Richard Collins ·
If you are a joint obligor for any debts (ie, credit account in both of your names), the third party creditor maintains the ability to pursue either obligor. However, the decree hopefully specifies ultimate responsibility for each debt. For instance, if the decree states that debt X is your ex's responsibility and that he must hold you harmless for the debt, you may file a motion asking the court to hold him in contempt and reimburse you for any expenses you incur if the creditor for debt X pursues you.
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Andrew Timothy ShillingDivorce / Separation LawyerChesapeake, VA ·
I don't see how you can be held liable for any of HIS debts. I agree, however, that you can absolutely be held liable if your name is also on any of those debts. It is important to remember that the creditor was not a party to your divorce. Just because the divorce decree says the debt is your ex-spouse's responsibility does not mean that the creditor cannot pursue you to collect it. It simply means that you have recourse against your ex-spouse in the event that happens. The belief that the divorce decree relieves you of your own obligations to pay a debt to a third party is one of the most common misunderstandings I encounter. Your name should not be on the debt to his lawyer, so I don't see how you could be held liable for those fees unless the divorce decree specified that you would pay a portion of them.
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