FINAL Divorce Decree/TimeShare


#1

I have been divorced for nearly 5 years. In our final divorce decree, it stated that my ex-spouse is solely responsible for the time share that we have in Florida. Well, he has moved to another state, we were divorced in a different state, and I am living in my hometown and the time share has gone into foreclosure. I am preparing to buy a home and this is listed on my credit report. My question is, "Is he not solely responsible for the payments as stated in the final decree? Can this be removed from my credit report? Will I have to pay it off in order for it to come off my report? and finally, What would be the point in the information being put into the final decree if he doesn’t have to do what it states? By the way, I have not heard from him in years, so simply making arrangements with him to pay this is out of the question. He stopped paying out of spite. He has purchased a home…the hit to his credit isn’t hurting him right now. He knew it would affect my credit this way…So again, please, what can I do!?


#2

He is responsible for the payments pursuant to the decree, which is binding as between the two of you, the decree does not bind the creditor. Your remedy is to sue him for contempt of the court order.


#3

Thank you. How long would that take? Do I do that through the courts in the state of the divorce decree? Would I place a statement on my credit to that regard?


#4

So, there is no way and under no obligation will they remove that debt from my report? Could I pay it off or see if they would settle and then charge him for contempt for him to pay me back?


#5

The suit would take place in the state where the decree was entered. I cannot say how long in would take to get to trial, in NC, depending on the county I would estimate it would take 3 to 6 months before the matter could be heard by a judge.
The creditors are not bound by the decree. Paying it off will protect your credit, and you may seek damages in your contempt case against your ex.