How to remove my name from a joint credit card with my ex-husband?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to remove my name from a joint credit card with my ex-husband?
My name is still on a credit card I used to share with my now ex-husband. They allowed him to close the account and continue paying the balance, which he agreed to do since the bulk of the debt is his. He has defaulted on his payments and it has affected my credit badly. The credit card company says they can not remove my name from the account once it’s closed even if he agrees to it. They did not mention this to him when he inquired about closing it. What can I do?
Asked on July 25, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The credit card is closed so you do not need to worry about new charges being placed upon it. This is good for you. However, the debt on the card which is not paid off was accrued when your name was on the credit card with your former husband even though the bulk of the debt is his.
The credit card company has no obligation to remove your name from the debt's obligation since the debt was incurred jointly with you and your former husband.
Your former husband's default on the debt is bad news for you since you are obligated on it since you were married to him when the debt was incurred.
You need to meet with your former husband to work out a payment plan on this credit card debt and once agreed to it, the payments need to be consistent. If you have a marital settlement agreement with your former husband, read it. It may set forth a road map to resolve this credit card debt situation.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.