Legal Question in Family Law in Florida
Can my name be legally removed?
During mediation my ex husband agreed to take responsibility
for all credit debts accummulted during the marriage.As of
this day I still have creditors calling for payment and
threatening legal action against me. I have explained to
them about the divorce and the assumption of the debts my
former husband. I was told unless he talks to them directly
to tell them he is responsible im still liable for them.
I relayed this to my ex,he says he won't talk to anyone until he is able to pay the debts.
I know for a fact he has no intentions to do that. He has
plans to remarry and move out of town. Is there anything I
can do to clear my name and restore my credit rating.
2 Answers from Attorneys
Re: Can my name be legally removed?
I am sorry that you have been misinformed. You continue to be responsible for all the debt regardless of the divorce or your husband's agreement to pay. Your creditors were not parties to your divorce and their rights are unaffected by it.You can take him back to court and obtain a judgment against him.
Re: Can my name be legally removed?
Unfortunately, you are still liable for the debts as well as your former. You are advised to consult with a local attorney, or otherwise file a Motion For Enforcement, go to court, obtain a judgment against your husband for debts, and record the judgment, informing him that his credit record will be affected. If he refuses to pay or files for bankruptcy, there is, sadly, little you can do, and unless you can show the court he is willfully and deliberately avoiding the debts and has the ability to pay them, the court is not likely to take serious action against him.
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