Legal Question in Family Law in Illinois

my x was order by the court in my divirce decree to refinance in 90 days to have my name removed from our joint property....or he has to sell with my coroperation....he said he was letting the property foreclose....what can i do to keep this fron effecting my credit....my name is on everthing...he has not taken my name of the property as far as taxes, insurance, nothing....what can i do so that i will not be finacially responsible for this debt.


Asked on 12/27/09, 6:41 pm

1 Answer from Attorneys

John Steele Steele Law Firm

In a word: Nothing. Technically, he is liable for loss you incur as a result of not following a valid court order. He agreed to refinance and he is not doing so. In the real world however, he is letting the home go into foreclosure, so he probably doesn't have any money, and you can't get blood from a stone. You chose to enter a mortgage with your spouse and in the mortgage paperwork, I can promise you that it states you are personally liable for the ENTIRE mortgage, even if your spouse never pays. That is why you must always be careful when agreeing to any debt involving a cosigner, or you are guaranteeing a loan for someone else. While this may seem unfair, it is not. If courts could force banks to change an agreement written in good faith because of a divorce, the entire banking system would collapse. Banks wouldn't make loans out of fear of never getting paid, people would scam the system, getting divorces to get out of debt, and so on.

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Answered on 1/02/10, 9:08 am


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