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Ex-Spouse's Responsibility for Post-Divorce Debt

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  • 12-04-2011, 09:30 AM
    spinozer
    Ex-Spouse's Responsibility for Post-Divorce Debt
    My question involves collection proceedings in the State of: Massachusetts

    When my divorce was settled, neither my ex or I had the ability to pay our credit card debts. So there was no mention of them whatsoever in our divorce agreement. The thought was that the credit card companies would write off the debt. Some did, but one company sued me, and I ended up having to settle the debt with them for less than the total due. I had to take a loan out to pay this debt, and I'm still paying it off.

    The account was in my name, but she had her own card on the account, and I have statements showing that the charges were for family/household items. So in my opinion, she is liable for half the debt. (in reality, she charged far more to the account than I did)

    So my question is: can I take my ex-spouse to small claims court for her half of the debt? Or would a judge throw the case out and say it's a probate matter? I don't think there's anything I can do in probate court because the divorce was finalized. I imagine a probate judge would tell me I should have settled it during the divorce proceedings. But that's just my speculation - any thoughts/ideas are appreciated.

    Thanks in advance!
    Spinozer
  • 12-04-2011, 09:50 AM
    jk
    Re: How to Settle Post-Divorce Debt
    Divorces often include statements intended to address unspecified debts, property, and assets. Does yours?



    How long ago did this debt go delinquent? How long ago was the divorce?

    Unless the purchases were for her specifically, I do not believe you have any chance of winning a suit against her. It would be an attempt to revisit the divorce, most likely, due to the probability that it was already addressed in the divorce such as I suggested above.

    Beyond that, since these were household items, unless she ended up with the specific items, she would not owe for them at all.
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