Is there an alternative to Bankruptcy to get my husband out of his responsibility for a house & car his ex got in their divorce?

Asked over 4 years ago - Cincinnati, OH

When my husband & his ex got divorced she got the house & their car. She does not pay those notes on a regular basis. His credit is ruined because of her & it cannot improve because she won't make those payments. She cannot refinance into her name only because of her credit. We have a 5 month old & live in my 2 bedroom condo. We want to buy a house in a few years & I don't make enough to buy a big enough one on my income alone. Filing bankruptcy is the only way we can think of to get him out from under her car and house that she won't pay on so his credit can improve. Is there anything else we can do besides filing bankruptcy? If he does file, it'll be Chapter 13 because of his income. Seeking help from family court has been useless and a waste of money.

Attorney answers (2)

  1. William Joseph Balena

    Contributor Level 12

    Answered . Your husband should go back to his divorce lawyer and file for a contempt of court citation. have the divorce court force her to meet her obligation under the decree. It may take some time and effort, but it avoids bankruptcy.

    Don't be so sure that his income makes it a chapter 13. Find a good BK lawyer in Cincinnati. Once through the means test, taking into account his present family size and any support orders he is paying, I bet he qualifies for a ch7.

  2. Brian H. Nomi

    Pro

    Contributor Level 11

    Answered . If the ex can't pay, she can't pay. Unfortunately, I don't see a good solution here. Your husband is still liable on the debt, but he has a (worthless) right to go after his ex. It sounds like bankruptcy is also a tough option, which may not help much.

    Recommend a full consult with a qualified attorney.

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