Legal Question in Family Law in Illinois
1. I am getting a divorce (in the state of Illinois). My husband and I have joined credit card. He wants to keep the credit card because he was a member before we gat married. He just wants to take my name off it. I, on the other hand, do not want to be responsible for it in any form after the divorce. My main worry is a situation where lets say I do not have any control of it, but six months from now my ex-husband accumulates expanses on it and for some reason he cannot pay it off, or make any payments. Will the credit card company go after me and try to make me pay the expanse and if I deny it will it ruin my credit line, or they will not look for me any more?
2. My husband is keeping the house. After the divorce is finalized he is obligated to take my name off the mortgage within the next six months. How is this going to effect me. Am I still responsible for the mortgage for the six months. If yes, should I not sign off the ownership on the house until my name is cleared off the mortgage? What if he cannot clear my name off of it within the time period given. What if it takes longer? How does it effect me, or I am not effected because I do not own the house since the divorce.
If I am looking to buy my own home will the six months effect my search for the new mortgage, and if yes, how?
1 Answer from Attorneys
1. Unless you get a letter from the credit card company that you are not liable for any charges on the card (unlikely), you should presume that you will be liable until the card account is closed.
2.You are responsible for the mortgage until your name is off. The courts cannot make a mortgage providor take your name off, and many people find it difficult to refinance the home on their own, and the person in your position just stays on the mortgage. Better to force the sale of the home if you don't trust the spouse.
Let me know if you have any other questions.
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