My ex just filed for bankruptcy. I already have my divorce decree, but my name is no the note for the house we lived in before the divorce. I know the automatic stay provisions will protect her from collection actions, but am I protected from a collection action by the bank/mortgagee? (Posted by Skylite on The Forum.)
Editor's Response:
No. If you signed the note with your ex, the lender can require you to pay the entire amount of the debt (through a collection action), even if your divorce decree assigned the house and the debt to your ex. However, divorce decrees often spell out the actions you can take against your ex in the event he/she defaults on such a debt. This type of situation can get very messy, and you may want to consult with your family law attorney or with a bankruptcy attorney asap.
For more information or to post a question, visit our MA Divorce Law Discussion Forum.
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