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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My ex-husband and I have been divorced since April of last

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My ex-husband and I have been divorced since April of last year~ However, we have been separated for over four years...he did not take care of the financial obligations on his end in the original separation papers~ (mostly all property assets). In the mean time, I have not received any support... I did not ask for child support or alimony with in the divorce because I felt my return of joint shares would be enough. I am not a selfish person and did not want the resentment. All during our marriage I worked without a single paycheck to my name in support of our long term goals...(we owned several businesses, one retail, one construction and one development company) Finally, I was tired of waiting and decided just to "file" and get it over with. We were married for 13 years and have a son who we share joint custody, 50/50. In trying to get it done and over with, I further compromised to carry our sons health insurance and take on the burden of credit card debt all for the safety of owning my home that was purchased with the sale of my retail business. All in all, I just wanted finished with it... he has his home, and I have mine (other than it’s in his name) which is a HUGE problem. With the economy in the tank he was unable to transfer the amount owed to other properties so my name is XXXXX XXXXX the deed.... we agreed he would title it over to me (as the divorce decree states it is 100% due to me, with no obligation on my behalf financially). Now, he is really falling short on work. Christmas eve I received a knock at the door~ to my SUPRISE, a letter of foreclosure! In Jan he said he would pull it out of foreclosure with a loan modification... I keep calling because April 15 (the date the foreclosure declared) is oncoming! He is "Working" on it...and may file for bankruptcy!!! OMG what can I do! In short, I gave, and gave and I need to know what I can do for recourse. Please help if you can... I would truly appreciate any advice you can give.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
HI and thanks for your question. Since you have an order for a marital settlement agreement for him to pay certain debts, you can go back to divorce court to enforce that decree or to hold him in contempt for not complying with it. You can file a chapter 13 to stop the foreclosure, and repay the arrears, but if you need to show the court you have the disposable income to do so. Unless he makes the payments otherwise, you are at risk for this to happen. Even if he's held in contempt, you could still lose the home. Therefore you should talk to your divorce attorney asap to help protect yourself here. Thanks.
Customer: replied 7 years ago.

I do have an order for it the property and real dollar amount in the decree... I do not have ANY income to pull it out of foreclosure myself (My name is XXXXX XXXXX the mortgage either). I accepted the house becuase it was suppose to be my investment (so I could survive without alimony, I would not have a morgage payment) I barely make enough to get by (less than 24,000) and because I took on the debt of the credit cards I dont even have my good credit he is thinking of filing for "BK".... will this excuse his obligation to me. His house is not in foreclosre! MINE is! What do I do... I can't afford to waste money seeking an attorney if I'm truly up a creek.

Expert:  Terry L. replied 7 years ago.
His bankruptcy would discharge the debt. However, your divorce decree is prior in time, so you can enforce that to still get him to pay. You need to get to divorce court to get a rule to show cause why he isn't complying with the divorce order though. Sorry. Since it is in his name, that's your recourse only at this point.
Customer: replied 7 years ago.

So, one more question.... sorry. How do I enforce the decree by going back to the court...what papers do I need? Thank you very very much!Embarassed

Expert:  Terry L. replied 7 years ago.
You need to bring a motion in your divorce case, usually a motion to enforce the decree, or hold your ex in contempt of court for not following it. The court will issue a rule to show cause on why your ex should not be held in contempt. THis will force him to live up to the agreement, or face jail time if they do not.
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