Well, you all here seem to have been through about every situation imaginable, so I figure asking the Experts is the smart thing to do. Maybe someone here has BTDT and can offer some advise. (I hope so)

My fiance has been divorced for three yrs. In the divorce settlement he got one credit card to pay off, she got the other one. She got the house payment and continues to live there.

Here's the two part dilema. She has quit paying on the credit card that she was awarded. Fiance finds out through checking his credit rating. His name still being on the card as secondary puts a black mark on his report unless he brings the card up to date and continues to pay it. Ok, so we know that that is breach of contract, he'll have to sue her...

Now the second shoe drops. We get a call from the bank that she wants to consolidate her debts and re-finance the house. But they need fiance's signature on a quit claims deed to proceed.(Nothing in the divorce agreement about the home equity.)

Fiance informs bank that ex-wife owes him $xxx,xxx. and that if she will roll that into her consolidation, he will sign the deed. (She never expected him to try and make her pay anything back.) So she gets in a huff and tells the bank the deal's off and she'll go another route.

Thing that has me worried is that she probably is planning on filing bankrutcy.(She's gotten herself in over her head.) If she does that fiance's credit will go in the toilet along with hers, or the bank will come after him for the mortgage payments.

What to do? Help!!

Did a lawyer help your fiance when they divorced? If so, I think it might be prudent to get legal counsel. Personally, I'm surprised at the arrangement they made regarding both the credit cards and the house. It sure doesn't sound like the best way to go (even if nothing had gone wrong). Such as, he should have been taken off as secondary on her card, and vice versa on his card. Why didn't they do the quit claim deed for the house at time of divorce? These are things that most people take care of as part of the settlement and finalization.

If he wants to get nasty, I wonder if he could take her to court for these financial things? At the least, remove himself from secondary on her debts.

Let's see what others post here.

We talked with the credit card company and since he was on the card before the divorce, and there is debt still on the card, they will not release any party that they can go after for payment.

As far as a quit claims deed, it does not remove him as a responsible party should she default on the mortgage. The only thing that deed will accomplish is give up all his rights to any claim on the equity and ownership of the house. So for now I don't see it being in his best interest to sign such a deed, unless she agrees(ha, ha, yeah right) to include her debts to him on her refinance.

As far as taking her to court, he can do that. Probably in several different claims in small claims court. But how on earth to collect from her?

I don't know where you live, but he might be able to file a lien against the house.

Basically, that would keep her from renting it out, selling it, refinancing it, etc.

As his name is on the mortgage, he might also be able to force a sale. That's not in her interests, because if she files for bankruptcy, the house would be protected from her creditors. Furthermore, if she is forced to sell, she might get less money.

Ask a lawyer to be sure, but that's perhaps a start?

It sounds like no matter what he does, a lawyer will be needed. He might be able to reopen the divorce case and have all the question areas cleared up.

My g/f ran into a similar problem when she went to re-finance this past summer and she found her name was still on her x's credit cards and they have been divorced 5 years.

A friend of mine had his divorce case reopened when he discovered his x-wife had skimmed money from their account for years. She refused to return any of it to him so he reopened his case.

Some lessons in life are expensive.

I made the same mistake with the credit card in both names and didn't have my name taken off after divorce.

When she fell behind, the credit card company complained to my employer, a municipal police department.

I called them up and made them an offer. I paid off the credit balance on the condition that they cancel and close the account. That left the Ex completely free to apply for a card in her own name.

Yep, it was expensive, but my credit is in excellent shape. It was the cheapest way to get out. And it bypassed all the angst.

We are in Missouri. The lawyers that I have talked to say she can't be forced to sell or move. As far as a lein on the house, even if he gets a judgment in small claims, he can't get a lein on the house. Don't know why but that's what I read.

As far as reopening the divorce..hmm, never thought of that but I may have to check on it. Didn't know that was even possible. Thought he would just have to sue her for breach of contract or defying a court order.

I don't have much faith in lawyers, they sure didn't cover his but in this divorce. They didn't get the credit cards straight or the mortgage before writting up the settlement. And they get paid for what??