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  1. #1

    Smile Divorce And Debt

    My question involves collection proceedings in the State of: IL

    Hi. I have been separated for about a year - but not legally. We are getting a divorce (non-contested, simple) in the near future (by end of year).
    We have a lot of credit card debt and to this point, have been paying at least the minimum on each card by splitting the cost each month. We have a home, but my ex to be moved out and I have taken on the mortgage and all associated costs myself, however the mortgage is in both of our names. I've been trying to refinance in my own name only but haven't been able to yet. The ex did sign a quit claim and I had that filed a year ago. My car is also in both of our names, although I make all payments.
    My question is that my ex to be has decided that he no longer can afford to pay his part of our credit card payments. They are all in his name, except for one, which I could pay myself. I need to know how this will affect me. Can anyone come after my home if bills in his name are not paid since he is on the current mortgage? Can the credit card companies come after me for debt in his name since we are still legally married? I cannot afford to make all of the payments myself. We have already called each credit card company to try to 'work something out' by lowering interest rates and also claiming for a hardship since the ex is now on workers comp (meaning less income). We have not missed any payments.
    Thank you for any advice - I really appreciate it.
    Wendy

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce And Debt

    Generally speaking, if the cards are in his name and his alone, you're not on the hook for his debt. Illinois is not a community property state. His having transferred his largest asset (the home) to you could create some potential issues, but the chances of that are reduced by the fact that it occurred a full year ago.

    It sounds like your ex- should consider bankruptcy, as he probably presently qualifies for a Chapter 7 discharge. That would likely result in discharge of all of the credit card debt that is exclusively in his name, and his responsibility (but not yours) for the remaining joint credit card and, depending on what he does, possibly the car loan.

    Given the title of this thread, you should be talking to a divorce lawyer.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Divorce And Debt

    I agree that it's not likely that you would be held responsible in Il. for credit cards (debts) in your ex's name only.

    Your ex might want to talk to a bankruptcy attorney to see if he qualifies for a Chapter 7 bk & you might want to talk to a divorce attorney.

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