I was married for 12 yrs. Divorced 5 yrs ago and kept our house (payment and 2nd mortgage). When it came time to sell the house that he had relinquished all rights to it had a judgement against the deed because he had not taken his name off the deed and owed the local hospital money. I had to pay the judgement off to get a clear deed in order to sell the house, per our agreement. Can I sue my ex-husband in small claims court for this money?

Yes, you can, or have it taken out of the profit from the sale of the house.

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Originally Posted by Helpme2please

I was married for 12 yrs. Divorced 5 yrs ago and kept our house (payment and 2nd mortgage). When it came time to sell the house that he had relinquished all rights to it had a judgement against the deed b/c he had not taken his name off the deed and owed the local hospital money. I had to pay the judgement off to get a clear deed in order to sell the house, per our agreement. Can I sue my ex-husband in small claims court for this money?

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That is the problem. He did not receive any profit from the sell of the house. Upon separation he relinquished all rights to the house. I paid all bills and therefore was the only one paid at the closing of the sell of the house. He says because we were married when he was in the hospital it is a community bill and I had to pay it because he was not going to. Is that correct? Thanks for your help.

Well, if you were married at the time of the hospitalization, and if you were listed as the secondary financial person on the bill--- your ex-hubby might be right. Check with your attorney. You might possibly be able to sue the ex-husband in small claims court.

But then, why did your attorney not follow-up and get your husband's name off the deed to the house?

When I divorced, my ex-husband and I had to list all individual debt and all "community" debt as part of the divorce proceedings. So, why was this debt not identified at that time? Were you not aware of his hospitalization?