Legal Question

[txteach]

Hello all,
Well today I find out my ex wife co-signed a loan for on of the men she was fooling around with about 2 years ago. I also find out that chucklehead is way behind on his payments. I NEVER knew of any of this until today. My question, since she did this when we were legally married am I responsible for it? Always a new revelation every day.

[Type3Toys]

Coach, you need to ask a lawyer. I would talk to one asap too.

[txteach]

Ya I think so too. Man was nieve and trusting. I feel like an idiot.

[MEGO_SUPERMAN]

First off I AM NOT A LAWYER...and I do not play one on TV. But I am in the process of finalizing a divorce...and a close friend of mine just got divorced and has had some hellacious money issues with his Ex....somewhat similar to what you are talking about.

My guess would be...the loans are basically issued to individuals...using a social security number as an identifier. So the boyfriend is the primary SS and the Co signer is your ex wife. You had NO knowledge of the debt while married....it was with a person she was having an adulturous relationship with...and you did not sign ANYTHING. If you were in the process of the divorce and she signed it during the marriage and brought it up during the divorce negotions as marital debt. In Florida...it is 50/50 debt by either is split....that is why you fill out financial statements. If she did not divulge this in the process, and she is coming back to you now after the divorce....she has commited purgury and fraud. If it went to court...that would not play to well. But if you are like most of us...who can afford to go to court. I would say I am about 90% sure on this. But what I dont know is what state you live in...and what the laws are.

If it is a large enough sum...and she is coming to you for the money....spent the $250 with your lawyer and find out for sure. He could write a quick letter on his letter head and address it...and hopefully deter her from pursuing it further. Or you could take a smaller step and speak to an accountant....and I think he will tell you the same thing about the cosigner situation....

But to be sure....flip the hourly rate...go in with all the questions down....and for god sake....TALK FAST!!!!!

Better safe than sorry.

[Bill]

Don't feel naive youare supposed to be able to trust your partner. She is the one with the problem she has abused your gift of trust.

Absolutely

[megojim]

if you didn't sign it you are not responsible . . . pretty sure on this buddy.

[Mikey]

if you didn't sign it you are not responsible . . . pretty sure on this buddy.

I agree.

It seems it would be like a spouse buying a car on time using only their name.

After a divorce, the bills are still only going to come to them.

[Marvelmania]

You really need to check into this. Some bills and contracts or both spouses responsibilities no matter which one signs if they are considered necessity things such as medical bills and so forth. Talk to an attorney and explain the situation fully.

I'd highly doubt it in this case but given the situation you're going through leave nothing to chance.

[Gorn Captain]

I don't know about US laws, but I know from a fact that a friend here had the same happen, and he ended up having to pay the bill for his wife, since they were still married at the time. The bank went for the only one with some money left, and the marriage legally tied him to his wife.

Banks are merciless this way. My Mom was abandoned by her father when she was six. The guy spent all his money on booze and women. When he got old and sick, he couldn't pay the bills anymore. The bank then came after my Mom (herself 50 at the time) to pay his bills. She had to prove in court that he had deserted her and his wife over 40 years ago.

My advice: get legal help.

[Adam West]

Don't feel naive youare supposed to be able to trust your partner. She is the one with the problem she has abused your gift of trust.

Very well stated.

It doesn't seem like you would be on the hook but it is best to check with someone who understands the laws of your state since they are different everywhere. My best friend had an ex who obtained a joint credit card (forged his signature) and ran up credit card debt that he didn't know about. The courts did not hold him accountable for it and made her 100% liable.

[Brad]

I believe that Texas is a community property state. If that is the case then sadly I am pretty sure that you are also on the hook for this loan. Talk to your lawyer ASAP!

[txteach]

Talked to lawyer and I'm not on the hook. I signed nothing at the time so I'm not responsible. Extremely hard to move on from this evilness when I keep seeing just what she did. I need it to end for my own piece of mind. I just thank God her dad wasn't around to see all of this. It would have broke his heart.

[trekman101]

Hang in there coach.....you will move on from all of this

[Adam West]

One of the hardest things to do is to forgive someone who has wronged you in so many ways, especially when they have and probably never intend to ask for it. Please read up on the subject matter....it is very powerful. It will of course take a lot of time and is not to be confused with ever trusting that person again or reconciliation (that takes two). I think those of us that have dealt with being smacked into the stratosphere by someone who we cared about and went through the process of forgiving I think will agree. It is extremely hard but encourage you to read as much on it as possible.