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Who is responible for the debt detailed in a settlement agreement after the death of the ex-spouse?

Snellville, GA |
Filed under: Divorce

I am divorced. A settlement agreement was negotiated at the time of the divorce. This agreement gave my ex-husband the responsibility for a loan of a 2nd mortgage on our home. My ex-husband is recently deceased. How do I go about getting this debt paid? Should I contact the lender notifying them of his death? \

Attorney Answers 3


  1. Best answer

    A few key details are missing. However, for the purposes of rendering an answer, I will assume that the mortgage was in the name of both you and your late husband. If that is the case, then you may be liable for the remainder of the mortgage loan. The fact that your settlement agreement provides that your late husband must repay the remainder of the debt is of little concern to the lender. It is possible, however, that you can enforce the settlement agreement against your late husband's estate. To determine if that is possible, I would need more information than you have provided here.


  2. Good Question.... several factors would impact the advice I could give in that situation. title, life insurance, your ex spouses current marital status... there are lots of ways this could go. I would be happy to speak with you tomorrow and give you my opinion.

    basically I would want to see the agreement as well as the original loan documents.

    it would also be helpful to know who holds title to the real estate in

    If you have further questions, call me at 770-904-5115. The information and opinion rendered herein is done as a courtesy and is for general informational purposes. Nothing herein may be construed by any party as to give rise to an attorney-client relationship.


  3. As I am sure your lawyer told you at the time, your agreement means nothing to the creditor. You and he cannot contract to ignore the contract with the creditor. So you still owe all the money, as you always did, and you MAY have a claim against his estate, that you should discuss with your lawyer.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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