My husband and his ex wife share an underwater home loan. In their divorce, the home was listed as the only asset my husband received. The loan cannot be refinanced; her name cannot be removed because it is underwater. We are considering planned foreclosure or short sale. My husband and I share no joint assets or accounts. Can the ex wife seek legal action against me and my assets because of the negative impact on her credit foreclosure or short sale would have?
Answer
If I understand that your question is being specific to you, then generally, No, the ex-wife would not likely have legal recourse against you. However, depending on several factors like when the divorce occured, if the ex-wife were to seek litigation against your husband, she may be able to subpoena your financial records as well as his in certain efforts to show that he should be held responsible. Still, it does not make you personally liable or put any assets that have always been in your name alone in jeopardy. It can be a very fact specific situation so your husband should seek the advice of an attorney as it relates to both of you to confirm you have not missed something in your explanation and understanding of the situation. Also he may not be able to be held accountable at all depending on the divorce judgement and when it occured. It could have been an assumed risk if the terms of the divorce did not require her name be removed immediately.
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