What if We Had Joint Debts After the Divorce?

If there were joint debts you owed before your divorce, your ex may file for bankruptcy. This debt could be repaid or you may lose the property.

Your bankruptcy attorney can help you determine the best course of action for your case. Your attorney might advise you to pay off the debt if it is cheaper. You may also be able to take your ex-spouse before the court to make them pay their debts.

How Can I Enforce the Court Order?

Without an attorney, it can be difficult to enforce the terms of your divorce decree. You will need notices from creditors and public bankruptcy records to prove that your spouse is not complying with the terms of your divorce agreement.

Your attorney will prove that your ex is in violation of a court order. They could be held in contempt of the court if this happens. For failing to comply with the court order, they could face a fine or even arrest.

What Can I Do to Protect Myself Before My Ex Files Bankruptcy?

There are steps you can take to help yourself protect your assets before your ex-spouse declares bankruptcy. These are:

  • To protect your property, include clauses in your divorce decree
  • To protect yourself against your ex-spouse’s debts, include clauses in your divorce decree
  • If your ex declares bankruptcy, you can open your divorce case for revisions
  • Any property that you owned jointly with your ex-spouse?
  • Closing and paying off any spousal credit card
  • Refinance loans to the names of the parties

This post was written by Trey Wright, one of the best bankruptcy lawyers in Tallahassee! Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, specializing in bankruptcy law, estate planning, and business litigation. Click here to learn more!

The information provided on this website does not, and is not intended to, constitute legal advice; all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.


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