debts in a court order
My ex and I have a court order that divided the debts. I have tried to keep up with the payments but between child support and trying to live I am no longer able to. Plus I have been laid off from my job and have taken one that pays way less. If I claim bankruptcy can she come back on me for the debt that I was suppose to pay but is still in both of our names?
Posted from: Ontario
This is quite a common situation. What happens is that if you file for bankruptcy you will legally be cleared from the unsecured debts you have signed on. The presence of the separation / divorce agreement.
Where things get tricky is that when you file for bankruptcy and stop making payments on these debts you will be in violation of this divorce / separation agreement. Now we are starting to get outside of my area of expertise, but I would assume that your ex could apply to court to get the arrangement reviewed. But that is something I would recommend that you review with your attorney.l