Legal Question in Family Law in Oregon

PRIMARY OR SECONDARY ON CREDIT CARDS?

YOU SHOULD HAVE BEEN MADE AWARE, AT THE TIME OF THE TAKING OF THE DIVORCE, THAT IF YOU ARE LISTED AS A RESPONSIBLE PERSON ON ANY DEBT (CREDIT CARDS), SHOULD ANY OTHER PERSON DEFAULT ON SAID DEBT, THE CREDITOR MAY PROCEED AGAINST THE REMAINING PARTY(S). CREDITORS ARE NOT A PARTY TO THE DOMESTIC ACTION AND THEREFORE NOT BOUND BY THE COURT ORDER.DID YOUR 'EX' LIST YOU AS A CREDITOR IN HIS BANKRUPTCY FILING? IF NOT, THEN IT MAY BE POSSIBLE THAT YOU COULD PROCEED CIVILY AGAINST HIM TO COLLECT THE MONEY YOU HAVE PAID. IF HE DID LIST YOU, YOU MOST PROBABLY ARE STUCK.

The two-edged sword of bankruptcy

I am not licensed to practice in Oregon, and am not familiar with the laws of that state. However, I have several thoughts about your problem, which I understand to be that your husband has breached his commitment to pay certain marital debts. It is not clear from your question whether his obligation was contained solely in a separation agreement or whether it was also included in your divorce decree.

First, no subsequent contract between joint debtors can bind the original creditor. If the original creditor extended credit to you and your ex-husband based on criteria such as your combined income, the creditor can proceed against either of you at any later point unless the creditor has agreed to release one of you from the obligation.

Second, even if your ex-husband's duty to pay was set forth in a divorce decree or other court order, the bad news is that federal bankruptcy law overrides any state law decree. The good news is that, at least in Virginia, there have been several appellate court decisions that say that the ex-spouse's bankruptcy to avoid debts for which he is obligated in the separation agreement constitutes a breach of that agreement so that it can be reopened or renegotiated.

By the way, "spitting up" marital debts is an interesting idea.