Legal Question in Credit and Debt Law in California

Ex Wife goes willy nilly with the credit card

My husband has been divorced from his ex-wife for nearly four years. As part of the divorce agreement, my husband payed of the balance of a particular credit card which was in both of their names. The ex-wife was supposed to remove his name from the credit card, by closing it or re-applying under her name only. Well of course she did not! Now four years later, she is unemployed and unable to make payments. The creditors have been drivning us crazy. They were married in Ca and that is where she currently resides. We live in New Jersey presently. We obtianed a form from the credit company for which she has signed,asking that my husbands name be removed from the credit card. Since the ex-wife is unemployed, the credit company is none too happy about the situation and say they are not sure that they won't hold my husband responsible still. We have forwarded this release as well as a copy of the divorce. SO where does one stand on this issue, and will this vary due to venue (CA/NJ.) Oh and when should we get a lawyer, I certainlt don't want out very good credit standing to be damaged due to this.

thank you

ES

--name removed--


Asked on 9/12/02, 5:48 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Ex Wife goes willy nilly with the credit card

You may have a problem. The credit card company cannot read minds, and are not responsible to check out the divorce settlements of all of their customers. They should have been contacted at the time of the payoff, and informed that your husband is no longer responsible for any debts incurred on the card by the ex-wife. After the fact may be too late.

Of course the wife is still responsible to your husband, by virtue of the settlement.

There are a lot of questions. Mainly, was the creditor put on notice at any time that your husband was claiming non-responsibility, and that any further charges by her was her responsibility alone. Find a document like that, and you have a much stronger position.

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Answered on 9/12/02, 5:56 pm


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