Legal Question in Family Law in Minnesota

Mortgage & Credit Card Payments

My divorce is final. I filed a quit claim deed for the property that my ex & I had. My ex is responsible for the joint credit card debt. He is past due on the credit card and is making the mortgage payment about 20 days past due. Can I take him back to court and get my name removed from the mortgage and make him pay off the credit card debt in full?


Asked on 4/29/09, 7:35 pm

2 Answers from Attorneys

Adam Kaufman Jensen Sondrall & Persellin, P.A.

Re: Mortgage & Credit Card Payments

You could attempt to have your divorce decree amended to make him responsible for the credit card debt. You would have to show how much of the debt is your ex's and why you should not be responsible for it.

For the mortgage, you would have to work it out with the mortgage company to have your name removed. It is very hard to do this.

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Answered on 5/05/09, 12:47 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Mortgage & Credit Card Payments

The divorce court does not have the power to get you removed from the mortgage. I typically advise clients that until the ex refinances the mortgage to remove you from the mortgage that you should not quit claim the house to them (I usually make sure that is in the divorce agreement as well).

With that said, the best recourse you have with the lenders is to work with them directly. Unless your ex pays the bills your credit will continue to be affected until the debt is refinanced.

You can go to the court to order him to refinance, but if he doesn't have the ability to refinance, that may not be very effective. I would recommend consulting with your divorce attorney to see if they know of any solutions.

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Answered on 5/05/09, 6:59 pm


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