Legal Question in Family Law in Indiana
seperation of debts
I have a question, if me and my husband are seperated and we are seperating the debts to each other. I have agreed to take on the credit card debt, however when I contacted the company to have his name removed they would not do it and told me it was a joint account and his name must remain on there. Is there any way that I can legally have his name removed from that account?
1 Answer from Attorneys
Re: seperation of debts
Your creditor was not a party to the dissolution proceeding and to protect its collection rights, it will not agree to releasing one of two debtors from the account until and unless it is paid in full. Your most realistic option is to have this account closed as to future charges and pay it off or refinance the balance due on another credit card that is just in your name. I assume in the decree that there is or will be the language that says that you will indemnify and hold him harmless for this debt. If so, then he would have the right to go back to collect from you such amounts as the creditor collects from him in the event you default on the obligation.