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My divorce through the state of Nevada was final in 2012. At…

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My divorce through the...

My divorce through the state of Nevada was final in 2012. At the time, my attorney informed me that I could not force my husband to re-finance the house we bought due to new laws. She also advised me that my divorce decree would serve as legal documents so that any missed payments on the property would not affect me (my credit rating). Since then, my ex-husband has not made any mortgage payments and my credit is ruined.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Is there a way to correct this and restore my credit?

Lawyer's Assistant: Has anything been filed or reported?

Other than the divorce decree - No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want my name off of the mortgage and credit cards he is responsible for so that my credit can be restored. Should go after my share of the retirement while we are at it!

Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
12/19/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,348
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm sorry to hear about your situation. So, generally, the credit card companies are not going to be concerned with whether you have been divorced. If your name is ***** ***** loan that is not being paid, then it'll be reported to the credit bureaus. However, you are able to request that they reflect the most accurate information. If you click here, you can download a form that you can send to all three credit agencies, attaching the decree, and request that they delete this negative information from your credit report. I'm very sorry you're having to deal with that. What other questions did you have for me today regarding this?

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Customer reply replied 8 months ago
My main question was the Mortgage - does this for work for the mortgage company also? How do I fix the issue with the mortgage?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Well, the mortgage company won't take your name off the mortgage because you got divorced; you'll likely have to refinance just in your husband's name for that to happen. The divorce decree (I presume) says that you will basically be indemnified (protected) by your ex-husband should he go into default. Thus, if your credit is hurting and neither the credit agencies or mortgage companies are going to fix it, the divorce decree allows you to go after you husband for being in contempt of the court order. Does that make sense?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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