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

Asked over 1 year ago - Snellville, GA

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. Charles Vincent Crowe IV

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    Contributor Level 11

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    Answered . 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. Glen Edward Ashman

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    Contributor Level 20

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    Answered . 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... more
  3. David Michael Lawler

    Contributor Level 13

    Answered . 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... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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