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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex- wife and I were never legally married, because she

Customer Question

My ex-"wife" and I were never legally married, because she lied and said her divorce from her previous husband was final, and it wasn't. We were together for 15 years, and then she cheated on me and got pregnant with another mans baby. what I need to know is how to seperate the debt? i.e. get my name off of her vehicle and get her name off of my house, and get our student loans separated. Yes I know this is a screwed up mess. Thank you, Matt
Submitted: 6 years ago via
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - You can't get anyone's name off of any debt without the approval of the lender unless the debt is paid in full. If you are in a divorce situation you can get the court to order than one or the other party be responsible for the debt but if they fail to pay then the creditor can still seek payment from the other since the creditor is not a party to the divorce.


The remedy in that situation is to file a motion for contempt. In your case I'm not certain if there is even a divorce if the marriage has been ruled, as you say, "illegal". You can contact the creditors and ask to be removed but that will be a waste of time since no creditor is simply going to release you from the debt. Unless there is a court order for her to pay you have no way to force her to do anything. All you can do is sue her for her half of the debt.


As for the house, you would need her to sign a quit claim deed giving up her interest in the house. If she refuses then you will have to file a partition action in the court to force a sale of the property. If her name is XXXXX XXXXX deed and there are no written agreements as to who owns what portion of the real estate then the court will determine that you each have a one half interest and will divide the equity.


Dave Kennett