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    msten's Avatar
    msten Posts: 2, Reputation: 1
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    #1

    May 1, 2007, 08:13 AM
    Ex husbands debt and certain bankruptcy. How will that affect our real estate?
    My ex husband has a lot of unpaid debt that occurred after he was put on a very long administrative leave without pay. He has creditors calling him and I am certain that soon they will file a civil case against him. If they file a case against him can they take the house that we both purchased but was in both of our names before the divorce. I was solely awarded the house in the divorce which was finalized in Dec 06. They can't take anything that was awarded to me since I am not a party to any of the debt. This is debt he took out on his own when we were separated and he was with his girlfriend. I kept up the house and all the bills that he left. I want to make sure that I don't loose that too. I got a lot of debt myself by trying to maintain everything myself without any helf from him or any support at all for myself or kids but I pay the monthly payments.
    UsBlkgal's Avatar
    UsBlkgal Posts: 83, Reputation: 9
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    #2

    Aug 4, 2007, 09:01 PM
    I have a smiliar situation. I am married and own my house and car (in my name only) and I am a disabled veteran on disability. My hubby owes the IRS, can they take anything from me? Or touch my va compensation? If it matters, I am in Missouri.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Aug 5, 2007, 03:29 PM
    Any debt can be reaffirmed in a bankruptcy proceeding. This is common practice with secured debts, such as mortgages. If you were awarded the house in the divorce, then it should be solely in your name now. And if you are current with the mortgage payments, then you shouldn't have any problems. Talk with your attorney to be sure.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Aug 5, 2007, 03:31 PM
    Quote Originally Posted by UsBlkgal
    I have a smiliar situation. I am married and own my house and car (in my name only) and I am a disabled veteran on disability. My hubby owes the irs, can they take anything from me? Or touch my va compensation? If it matters, I am in Missouri.
    Anything that is strictly in your name should be free from garnishment, assuming that only your husband owes the IRS. If it's a joint debt, then that's a different story.
    UsBlkgal's Avatar
    UsBlkgal Posts: 83, Reputation: 9
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    #5

    Aug 5, 2007, 05:03 PM
    The debts accrued before we met and married, we are not going through a divorce, I bought the house, only my name is on it and I have had every payment automatically withdrawn from my own private bank account. I have never owed the IRS and do not have to file for taxes because I am disabled.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Aug 5, 2007, 06:26 PM
    Then you should have nothing to worry about.
    UsBlkgal's Avatar
    UsBlkgal Posts: 83, Reputation: 9
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    #7

    Aug 5, 2007, 11:00 PM
    Thanks much
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