My ex kept our TOWNHOME that was in both names when we separated. During the divorce (finalized 12/30/14) he hid the fact that he broke the lease and owed them money. I filled out an application for an apartment, and after running my credit I found out he owes them $3815 for breaking the lease and I can't rent in my name until it's paid because it is showing up as an unsettled debt in my rental history and ruining my credit! I am unable to rent a home for our son and I, until this debt is paid and he is refusing to pay it. Meanwhile he just bought a home in his girlfriends name. I can not afford to take him back to divorce court because I would have to hire a new attorney. Can I take him to small claims court? Any information is greatly appreciated!!! Thank you!
Pull out your paper work from your divorce and review the Separation Agreement and/or Decree. Frequently you will find language in the documents that will provide you protection. It is common practice for your lawyer to put a provision in them which states "debts which are not disclosed or hidden by one party from the other will be assigned to the party who withheld the information" or something to that effect. Pull out your paper work and look. Even if it is not in the paperwork, frequently you will have a judge that is sympathetic to your situation who will enforce the debt against the non disclosing party. You like should consult an attorney on this for assistance. I suspect you will need some help.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principles, and reflect Kansas law as this is the primary location of my practice. For those of you who are not in Kansas, the answer provided is general in character, and should not be acted upon before consulting a local attorney, who should know the laws of your specific State, and the local rules of Court and practices of the specific jurisdiction your legal action is governed by. General information via the internet is no substitute for a in person meeting with an attorney. The comments provided herein are in response to the limited information which you have provided without the benefit of face to face meeting. As such, a word of caution is in order. Before you do anything, meet with an attorney.
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