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Roger, Attorney
Category: Family Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in Colorado, and am going through a divorce. We have

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I live in Colorado, and am going through a divorce. We have agreed to give my wife the house ($128,000 owed, worth $120,000), the pickup ($28,000 owed, worth $14,000), and she will assume $30,000 of credit card debt. I will assume $30,000 of credit card debt.We each make around $40,000 a year. The house, truck, and a few credit cards are joint accounts.I hear that if she files bankruptcy after the final decree, I will be stuck with all the debts on the house, truck, etc (and she may do this to "get even"). Is there a clause I can put into the divorce agreement to protect me from this?
Submitted: 7 years ago.
Category: Family Law
Expert:  Roger replied 7 years ago.

It is true that your divorce decree does not effect the rights of your creditors, and if she files bankruptcy, you can be held responsible for the debt while she gets discharged. However, the divorce decree gives you the right to sue her for indemnification/reimbursement of any debts you pay on her behalf.


Your best option would be if the creditors would release you from the loans. However, this is not likely to happen.


The next best thing is to have a clause in your divorce decree that says if any jointly held account for which she is responsible is discharged in bankruptcy or otherwise relieved by the creditor, that she will indemnify you and assume the defense of any claims made by the creditors.


All you can do is have a provision that she accepts responsibility between the two of you. You can't get the creditor off of your back in a divorce agreement because it is not a party to the action.

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