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What can I do to clear my credit after my ex-husband's bankruptcy?

What can I do to clear my credit after my ex-husband's bankruptcy?

Full question:

I was divorced in 2002 and my ex-husband and I have property settlement that he needs to pay off the credit under my name, to clear my credit but he filed for bankruptcy in 2004 and I just found out. He has never payed off the credit, I want to know what I can do to clear my credit. Could I take him to court? What kind of lawyer do I need?

Category: Bankruptcy
Date: 04/07/2025
State: Michigan

Answer:

When someone files for bankruptcy, it typically stops any court actions against them and brings all their property into the bankruptcy estate. According to the Bankruptcy Code, obligations related to divorce or separation that are not for support can be considered nondischargeable if discharging them would harm the non-debtor spouse more than it would benefit the debtor (11 U.S.C. § 523(a)(15)).

However, unlike support obligations, these marital separation debts will only survive bankruptcy if the non-debtor spouse, in this case, you, files a timely action to prevent the debt from being discharged. If you do not file an adversary proceeding, the debts will be discharged in the bankruptcy.

To address your situation, you may want to consult with a bankruptcy attorney who can guide you on the steps to take regarding your ex-husband's bankruptcy and your credit issues.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I remove my ex-husband from my credit report?

To remove your ex-husband from your credit report, you should first check your credit report for any accounts that are still linked to him. If there are accounts that are inaccurately reported under your name due to his bankruptcy, you can dispute these with the credit reporting agencies. Provide documentation, such as your divorce decree and any agreements regarding debt responsibility. Additionally, consider consulting a credit attorney for further assistance.

Is credit card debt considered marital property?

Credit card debt incurred during marriage is generally considered marital property, meaning both spouses may be responsible for it, regardless of whose name is on the account. However, debts incurred after separation may not be considered marital. Each state has its own laws regarding property division in divorce, so it's important to consult with a family law attorney for specifics in your state.

Does credit card debt get split in divorce?

In many cases, credit card debt is split in divorce, especially if it was accrued during the marriage. However, how the debt is divided can depend on state laws and the circumstances of the marriage. Courts typically consider factors like income, financial contributions, and existing agreements. Consulting a divorce attorney can help clarify how debts will be handled in your specific situation.

Is a wife responsible for her husband's credit card debt?

A wife may be responsible for her husband's credit card debt if the debt was incurred during the marriage and is considered marital property. However, if the debt was solely in his name and incurred after separation, she may not be liable. State laws vary, so it's advisable to consult with a family law attorney to understand your potential responsibilities.

Can debt collectors go after an ex-spouse?

Debt collectors can pursue an ex-spouse for debts that are legally assigned to them, such as those agreed upon in a divorce decree. If the debt was incurred during the marriage and is deemed marital property, both spouses may be liable. However, if the debt was solely in one spouse's name after divorce, collectors typically cannot pursue the other spouse. Legal advice may be necessary to navigate these situations.