Legal Question in Credit and Debt Law in Connecticut
Am I Responsible for Ex's Credit Card Debt?
Am I responsible for an ex-spouses credit card debt for which I was not a co-signer nor was my name listed as an additional user? Some debt was incurred during the marriage, some after the separation and divorce. There was no agreement about credit card debt in the divorce settlement. I am being harassed by credit card companies threatening that they have a signed statement from my spouse that I forced him to make these credit card purchases/charges. I asked them to please send me a copy. Any short and sweet answers?
1 Answer from Attorneys
Re: Am I Responsible for Ex's Credit Card Debt?
Short and sweet answer to the question "Am I responsible for an ex-spouses credit card debt for which I was not a co-signer nor was my name listed as an additional user?"
is "no; of course not."
But legal answers are not short and sweet; it'd put us out of work. Seriously,
if you were the beneficiary of the purchases, you could be liable. But my first thought
is that you'd be liable to the ex-spouse, not to the credit card
company, and her pointing to you doesn't give them authority to come
after you or affect your credit report, no matter what the letter says.
AFter that, your next line of defense might be to point to the lack of any
agreement in the divorce decree, but that's not perfect; sometimes unstated
doesn't mean non-existent, i.e., unstated obligations may still exist.
What goods were involved? Did you get them? Is the divorce decree supposed to be
the complete list of all obligations between you?
In a word, though, I think the credit card company has no enforceable rights against
you. but I'm not sure, especially since it is governed by state law and I don't know your
state's laws at all, so don't take my advice. Ask your lawyer!!! Please!
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.