Losing Your House in Divorce

by Joseph
(beeville, tx, u.s.a)

What can I do if I'm getting my wages garnished from my check on a house that my ex-wife won in divorce and was supposed to keep up with the mortgage payments? And they are deducting from my check for a house that I haven't lived in since 1998.

Reply from DebtCollectionAnswers.com:

Joseph,

Generally when couples divorce and divide up debts that doesn't erase the original contract with the lender. In other words, just because you and your ex have agreed on how to split up the debts, that doesn't erase the original contract with the lender. If your name is still legally on the debt, then typically the lender can come after you for payment.

For that reason it's often a good idea for the divorce agreement to include a stipulation that the person remaining in the home and making the payments will refinance within a certain period of time.

Of course, this is educational advice, not legal advice regarding your particular situation. We recommend you talk with your divorce attorney to learn what your options are at this point. You may also want to talk with a bankruptcy attorney if it turns out that is the only way to get out from under this debt.