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walkouthusband · Jan 14, 2009, 09:51 AM

Recently divorced, my husband left me holding the bill for over 40K of unsecured credit card debt to which I was the primary account holder and he was only an authorized user. The short of it in Maryland, I am responsible for our debt. My question is this: If the credit card company places a lien on our jointly owned residence, which will be put on the market by 06/09, will the resulting payment to the creditor prior to issuance of our divided profit from the house at settlement, in a sense "force him" to pay half of the debt because it will be paid from the proceeds of the house. Or, could I be looking at a sticky mess at settlement and wind up paying 100% regardless? Thanks.

JudyKayTee · Jan 14, 2009, 10:22 AM

Originally Posted by walkouthusband

Recently divorced, my husband left me holding the bill for over 40K of unsecured credit card debt to which I was the primary account holder and he was only an authorized user. The short of it in Maryland, I am responsible for our debt. My question is this: If the credit card company places a lien on our jointly owned residence, which will be put on the market by 06/09, will the resulting payment to the creditor prior to issuance of our divided profit from the house at settlement, in a sense "force him" to pay half of the debt because it will be paid from the proceeds of the house. Or, could I be looking at a sticky mess at settlement and wind up paying 100% regardless? Thanks.

This should have been covered in your divorce. In any agreement or decree I've ever seen the lien comes off the top, the remaining profit is divided between the parties. The creditor doesn't care about the divorce and what percentage belongs to each person.

Why didn't your Attorney cover this, if you know -

walkouthusband · Jan 15, 2009, 07:57 AM

Originally Posted by JudyKayTee

This should have been covered in your divorce. In any agreement or decree I've ever seen the lien comes off the top, the remaining profit is divided between the parties. The creditor doesn't care about the divorce and what percentage belongs to each person.

Why didn't your Attorney cover this, if you know -

It was difficult for me to understand. The best I can do is this: The court will not/cannot (?) involve themselves will marital debt (Maryland/Charles County). However, in the case of the two joint CC's, I was awarded a 50% (of the balance) monetary award to cover my ex husbands contribution towards the balance. The two that are in my name, do not fall under the courts guidelines, rules,? So, that being the case... quite frankly I am trying to figure out how to force his hand. My thought is this: Bankruptcy, out of the question for a multitude of reasons... and it's wrong, it's our debt. That being said, I thought of contacting the CC companies and suggesting they put a lien on our property so that when the house sells (ton's of equity) the 40K lien will be paid first and we both will have contributed. I also wonder if I shouln't hire a Real Estate attorney to have at settlement, or consult with at this time to make sure I'm not disappointed at settlement. The worst that could happen is I'm stuck with the debt, and that's my situation now.

JudyKayTee · Jan 15, 2009, 09:06 AM

Originally Posted by walkouthusband

It was difficult for me to understand. The best I can do is this: The court will not/cannot (?) involve themselves will marital debt (Maryland/Charles County). However, in the case of the two joint CC's, I was awarded a 50% (of the balance) monetary award to cover my ex husbands contribution towards the balance. The two that are in my name, do not fall under the courts guidelines, rules, ??? So, that being the case....quite frankly I am trying to figure out how to force his hand. My thought is this: Bankruptcy, out of the question for a multitude of reasons...and it's wrong, it's our debt. That being said, I thought of contacting the CC companies and suggesting they put a lien on our property so that when the house sells (ton's of equity) the 40K lien will be paid first and we both will have contributed. I also wonder if I shouln't hire a Real Estate attorney to have at settlement, or consult with at this time to make sure I'm not disappointed at settlement. The worst that could happen is I'm stuck with the debt, and that's my situation now.

No one can file a lien without a Judgment. I don't know that you want a Judgment on your credit record.

An Attorney might be able to force his hand, force payment, drag him back into some other Court over this debt. I just don't know that the expense of that won't be more than what you will receive.

Sounds like a nightmare and, quite frankly, I don't see an easy solution.

walkouthusband · Jan 15, 2009, 09:49 AM

Originally Posted by JudyKayTee

No one can file a lien without a Judgment. I don't know that you want a Judgment on your credit record.

An Attorney might be able to force his hand, force payment, drag him back into some other Court over this debt. I just don't know that the expense of that won't be more than what you will receive.

Sounds like a nightmare and, quite frankly, I don't see an easy solution.

I agree about the expense. I have no indication that any court papers have been filed seeking a judgement... and possibly they would garnish my wages prior to or in association with a lien.

Thanks for the insight. Sometimes bad things happen to good people.