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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11658
Experience:  JD, MBA
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My ex-husband filed a Chapter 7 bankruptcy. Our divorce papers

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My ex-husband filed a Chapter 7 bankruptcy. Our divorce papers gave him all property we had. One of which was a times share. He did not pay on the time share and fees added up. I was married to him at the time we purchased the time share and I was the co-signer. The company is now coming after me for all late charges, fees, refurbishing, etc. I had no rights to the timeshare in our divorce decree, and now I am being sued. Is there anything I can do?

Hello and thank you for allowing me to address your legal question.

I wish I had good news for you, but unfortunately I do not. Although a divorce judge can divide property and debts between spouses, he cannot remove a spouse’s liability to a creditor. In other words, the divorce judge can order your ex to pay the timeshare fees, and if your husband does not, you can ask the judge to find your ex in contempt, and you can even sue your ex. However, that does not relieve you of the responsibility to the timeshare company. The timeshare company can go after anybody who agreed to be liable (which you agreed to at some point), and then the burden is on you to go after your ex for ignoring the divorce decree.

I really wish I had better news for you.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. Thank you and good luck!

DISCLAIMER: Please understand that the complexities of most legal problems cannot be sufficiently addressed in this setting. Accordingly, my post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.

TJ, Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Hi, I saw your feedback and I want to clarify something based on what you wrote: "Good information, just hoping to find a snag in Chapter 7 law which would get me out of it."

Your ex's bankruptcy may discharge his liability to the timeshare company, but it does not release him from the order in the divorce decree since such obligations are NOT dischargeable in bankruptcy. Therefore, if your husband refuses to pay the timeshare company, he would still be found in contempt, and you could still sue him for any payments you make to the timeshare company.

I'm not sure why you gave me "neutral" feedback if I provided "good information," but I hope this helps. Good luck! Smile

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