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  1. #1
    Join Date
    Jan 2015

    Default What Happens when an Ex-Wife Files Bankruptcy Using Accounts in My Name to File

    My question involves bankruptcy in the state of: CA

    I live in TN.

    We divorced in Jan '09 in TN. Decree stated to sell the house in TN. We were upside down and bills were too much. Made a verbal commitment Nov '09, I know, I know, that I wouldn't fight her to stay with our child in TN and she could go back to California. Her family was there. She made verbal commitment, I know, I know, to let me keep the house and I also agreed to pay off the credit card bills. Sometime in '10 she files bankruptcy. Only way I found out was that I couldn't pay my mortgage online like I always did. Had to call it in each month. The other weird thing was that one of my bills I paid every month all of sudden had her address in California. Her name and social were never tied to it. It flip flopped back and forth twice and I changed back to my TN address each time.

    Fast forward to 2015. $77k in bills paid off, finally, and never missed a mortgage payment. Asked her to sign a Quit/Quick Deed to release her from Title because interest rates are heading south and I want to refi. She says she won't sign unless I agree to buying her out of the house. I know, I know, I reminded her of our verbal agreement we made back in Nov '07. She gets to exit TN for CA and I get the house and bills. "I don't remember that" she says UUUggh

    But in our emails, still civil, she stated that she included some of my bills, in my name, not co-signed, originated by me and paid off by me, into her Bankruptcy. Her name is no where on a bill, can she legally have done this? I understand the mortgage and any other bill with both of our names on them, but if it just had my name? So now she is saying her Bankruptcy took care of the bills she included in the Bankruptcy and that I never paid them. Errrr..... again, I paid every balance that was in front of me. She thinks because she was given relief from the bills that I was too. Then I remember several of my bills had the address changed to hers several times. I smell a rat.

    Can I sue her for credit fraud if she used my bills? Does she have any claim on the proceeds of a sale after filing a Bankruptcy relieving her of any liability? Thought I was saving her the pain of the original debt load but I am rethinking my position now..... Any comments or advice would be welcome!

    Even the bad news ones....


  2. #2
    Join Date
    Sep 2011

    Default Re: What Happens when an Ex-Wife Files Bankruptcy Using Accounts in My Name to File

    I would contact the bankruptcy court in her area and discuss your feeling she may have committed some fraudulent claims/filings. They will likely put you in touch with the Trustee. If she is entitled to 50% of the equity in said home and never clarified it as an asset or used bills not her own to create a misconception of debt totality, she may be in very, very, hot water.

  3. #3
    Join Date
    Feb 2014

    Default Re: Divorce - Does My Ex Have a Claim to 1/2 of Equity After All of This

    State laws widely differ. So, your statement
    The states have been changed to protect the innocent
    precludes you getting any kind of helpful answers.
    Don't make me quote Monty Python at you.

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Right to Proceeds from Sale of the Marital Home

    Your divorce judgment governs who gets what. If you believe you have a legal basis to try to dispute the terms of your judgment, you should take a copy of your judgment to a lawyer in Tennessee for review and advice.

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