Legal Question in Credit and Debt Law in Oregon

Debts incurred by ex-wife

Divorce 4 years ago, in decree stipulated no debts to be incurred by either party as of that date. Ex-wife stated, at time of divorce that she had destroyed all credit cards but within 2 years of divorce charges up to $7,000 on cards she kept without ex-husbands knowledge. Now she is not paying these accounts and ex-husband is being sent to collections. Is there any way to make her responsible for these debts since they were incurred after divorce and with decree stating no debts to be made by either party?

Ex-husband closed both these accounts as soon as he learned what she had done, so at this time no further charges are being made by her.


Asked on 11/07/03, 1:02 am

1 Answer from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: Debts incurred by ex-wife

Of course she is liable on these debts and if you end up paying off these debts because your credit is being affected your have a right (most likely) to recover those sums from your ex-wife. The problem comes from the standpoint of the creditors who were not a party to your divorce and they would have no way of knowing of the prohibition of incurring new debt. If you were jointly on the account you are jointly liable (to the third party creditors) regardless of your divorce decree. The only way to proctect yourself from this kind of situation is to close all joint accounts at the time of separation and certainly at the time of divorce

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Answered on 11/07/03, 10:57 am


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