What can I do if my ex-husband lied about closing a credit card account we had under both names and he is now using it again?
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What can I do if my ex-husband lied about closing a credit card account we had under both names and he is now using it again?
I have checked the divorce papers and he did not list this credit card account as an asset to either of us. We were divorced about 7 months ago and I recently found out he has been using it.
Asked on May 28, 2012 under Family Law, Nevada
Answers:
Michael Gainer / Michael J. Gainer, Attorney At Law
Answered 11 years ago | Contributor
Typically, if debts are not listed in the divorce a party can ask the court to reopen the divorce and modify the Decree. There are time limits for modifying the coutrt's order, so I recommend checking into this right away.
This is a good practice tip for other people: before finalizing a divorce, it is a good idea to pull both parties free credit reports.
From a practical standpoint, you may want to write him and advise that he must close the account adn stop using it until he does or you will have to go to court to modify and ask for attorney's fees in having to do so.
Unfortunately, the creditor is able to rely on the fact that both your names are on the card and collect from either of you and report any problems to credit reporting agencies for both of you.
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