Legal Question in Family Law in Maryland

obligations after legal separation

I have a legal separation agreement with a clause stating ''each party shall assume all responsibility for any debts currently in their name alone, or contracted by himself or herself up to the date of this Agreement, and each shall hold and save the other harmless from any and all liability therefore. Husband and Wife agree that they will not pledge or attempt to pledge the creditof the other, not will they contract any debts or obligations in the name of, ..... Recently I have received a call from a credit card company stating my spouse charged $13,000 in January. The card has me as a secondary card holder. I have not used this card and tried to get my name off but was told because I am a secondary cardholder I can not make changes to the account. Now the card is overdue and the credit card company is saying it is my responsibility and that my credit record will be ruined. What can I do?


Asked on 2/25/04, 6:29 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: obligations after legal separation

Since you're a joint signatory on the account, the credit card company can look to you for collection, especially since you're apparently the "deep pocket" when compared to your wife. You can of course demand that your wife pay this debt, since it's clearly her obligation under the agreement, and you can take her to court to recover anything you end up paying to the credit card company.

In these situations, I always recommend that joint accounts be closed and that each party use only individual accounts after separation. I suggest that you immediately send written notice to this company and any other joint account creditors that you will no longer be responsible for your wife's charges and that you want your name taken off the accounts.

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Answered on 2/26/04, 9:46 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: obligations after legal separation

This is a problem that should have been settled by your attorney. Although I do not know whether you followed your attorney's advice, it is important that you correct this matter before it becomes more of an issue. If your attorney cannot provide you with assistance, contact me and this matter will resolve. I require a fee agreement in order to proceed with your matter.

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Answered on 2/26/04, 12:07 am


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