Can I sue my ex spouse for credit rating damage?

No. You signed a promissory note with a third party. You have not mentioned allocation of the underlying debt in your family law judgment, and what steps you took to enforce it.

Probably not. The mortgage company is not going to care about your divorce decree, and you probably signed the note. Was the debt not dealt with in your dissolution settlement? Did you receive an offset if he was awarded the house? It sounds like there were details missed. I hope you did not try to dissolve the marriage without representation.

Sue for what? I presume that you had an attorney in a divorce case involving an house and I presume that the divorce judgment addresses this situation. You need to share the divorce file with whomever you wish to counsel you on this matter. You might be entitled to indemnification. You might be able to effectuate a short sale. You might have been able to save the house from foreclosure and keep and sell it. You might have had ineffective legal (self-)representation.

Methinks this is a harsh awakening Perhaps, to the price of free. Let your friends know. There is s saying: if you are not paying for the product, you ARE the product. And it's true.

Spouses owe each other a fiduciary duty and that duty does not necessarily end when the marriage is dissolved. Obviously I don't know the particulars of your divorce judgment, but from what you describe it sounds like the house was assigned to him as an asset and hopefully he was also assigned the mortgage debt that goes along with it. The mortgage company does not care about the terms of your divorce judgment as you remain jointly and severally liable for the mortgage if you signed the loan documents. However, if you husband has the ability to pay and chooses not to pay, he could be in contempt of court and also be in breach of his fiduciary duty to you (i.e., not to damage your credit). Whether or not somebody else has been able to prevail in a case similar to yours is really not that important because the court is not bound by what happened in another case unless the case was appealed and the court of appeal rendered a published opinion on a relevant issue. I would highly recommend you consult with an attorney who can review your specific facts as soon as possible. Don't wait until the bank has already foreclosed.

Dear Ex-Wife from Elk Grove: The answer to your question is "Yes". You may sue your ex-husband for acts and omissions during the marriage and PERHAPS even after the marriage (or date of legal separation) which led to credit damage of your personal name. This type of case has been sued upon over and over again. The problem that many people have is that they assume that whatever terms and conditions are enumerated in your divorce stipulation or marital settlement agreement are now "etched in stone". In fact, they are not. Actually, when you signed your marital settlement agreement or stipulation (or if the judgment came down after a court trial - it doesn't really matter) that agreement, stipulation or judgment by trial is ONLY BINDING between you and your ex-spouse. That third party creditor is in no way, shape or form bound or constricted by the agreement or judgment that is between the two spouses. Now, is your right to sue your ex-husband an absolute one?? No, it is not. However, if the facts and developments in your particular case are there, then you will want to speak with a credit damage expert. I personally know of only one here in California (that's not to say there aren't others - I just personally do not know of them by name). If I were you, I would make sure to give this credit damage expert named Georg Finder a call to see if you have any rights to sue that ex-spouse for damaging your credit name/score. NOTE: At Google, just punch in "Georg Finder credit damage expert" and hit his link. I would strictly advise you of the following: 1) Georg Finder is NOT AN ATTORNEY. 2) He is an expert witness on credit damage; 3) IF YOU HAPPEN TO HAVE A CASE, he will also be able to mathematically quantify the extent of your personal credit damage and 4) my referring you to him does not necessarily mean you have a case; and 5) He will not give you legal advice because, again, he's not an attorney. It just means that he will be able to give an assessment as to whether it is really worth going after you ex husband for ruining your credit name. I really hope that this helps you and I always make sure to advise all my clients to get a second (or even third) opinion before throwing in the towel or just deciding one way over the other without complete information. Happy New Year to you. . . .