Legal Question in Bankruptcy in Indiana

difference in cosigner and jointly owned

My divorce was final 3 years ago. I filed bankruptcy last year, one of the credit cards was jointly owned with him. I made all the purchases after the divorce was final. He was never notified of the bankruptcy, the credit card co. stated that the only way to remove it from his credit is for him to pay it but he wasn't a cosigner, just jointly owned. is there a difference and is that his only option?


Asked on 7/09/02, 10:23 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: difference in cosigner and jointly owned

Credit cards companies sometimes create a joint account even where one spouse does not sign the application-if this is the case here and your ex never used the card, he can dispute the debt in writing and require written verification pursuant to the federal Fair Debt Collection Practices Act. Since he did not apply for the card, never used it and did not incur any charges, he should not be liable. However, if he signed the application and the card was taken out while you were still married he may be liable.

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Answered on 7/10/02, 10:20 am


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