Legal Question in Credit and Debt Law in Florida
Credit inquiry
I got divorced last July 2006. I took my credit card debt, and my
ex-husband took his. I was told that all the cards he took
responsibility for were only in his name. I looked at my credit score and it says that I'm a
joint on two credit cards and my name is still on a bank loan, which is only
in my name, he was to change to his. This adds up to
about $12,000. I called the credit card companies and they said that the only
way my name can come off is if the cards are paid off. I'm trying to get a loan and I
can't because they say I have too much debt. I paid off all MY
debt(car,credit cards and a bank loan) that I was supposed to for the
seperation agreement. Therefore my credit report should say that I have $0
in debt. Is there a way I can make him take my name off these
joint accounts? I didn't give him permission to put my name on anything
and I want these debts taken off of my name since they are his in the
seperation agreement. I believe that I have a right to have my name
taken off the accounts since we are no longer together and the divorce
papers say that he's the one responsible for them. Should I take this
matter to a lawyer? What kind of lawyer would I need?
1 Answer from Attorneys
Re: Credit inquiry
Your separation agreement is not binding on your creditors, because the creditors were (are) not a party to your divorce action. The creditors are under no obligation to remove your name as a joint account holder at your request, nor at your ex-H's request, unless your name was added to the accounts fraudulently. If there is fraud involved, that changes things, but it is difficult to prove fraud in marriage situations.