Removing An Account After A Divorce and Signed Divorce Decree
Reader’s Question
Hi Ryan,
What is the best letter I can send to the credit card company to request my name to be removed from an account to where I am the Main cardholder, but due to an divorce and the agreement signed and documented in the courts that my spouse said he would pay for this debt as we divided the debt equally? Please advise.
Thanks
Response
Hi [name removed],
Unfortunately there isn’t one. The reason why is that divorce decrees (or any other verbal or written agreement made during the divorce) don’t mean squat when it comes to the credit card company’s ability to sue you for an unpaid debt. The truth is, if your name is on the account, you are liable for it. The divorce decree will not hold up if your ex-husband decides not to pay the account and they sue you.
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2 Responses to “Removing An Account After A Divorce and Signed Divorce Decree”
By NatalieMac on Feb 11, 2009 | Reply
I just wanted to add that when I was in a similar situation, I was advised that even though according to the credit card company I was liable for the debt and would have to pay it to avoid a negative mark on my credit report – I could then sue my ex-husband for the money I had paid, and would win based on the divorce decree which stated he had to pay. I guess it depends on how much the debt is if it would be worth it to sue to get the money back or not.
By Filing Bankruptcy on Feb 16, 2009 | Reply
Yes, you can sue your ex for the money he owes you under the divorce decree and you will likely get the judgment, but you will then have to go after the money yourself, the court won’t physically make him pay it. He can also just file bankruptcy and wipe out the debt he owes you unfortunately.