Legal Question in Credit and Debt Law in Texas
Joint Credit Card Debt
I have a joint account with my ex-husband on a major credit card and we are divorced for two years. I checked my credit report lately and found that I still have a balance of 11,000 on my credit because of this card. He was supposed to take my name off the card, but he didn't. Is there any possibility if he dies that I'll be responsible for this balance, and the credit card company will come after me? The divorce happened in Maine and I live now in Texas so can they take a judgement against me and garnish my salary? Please help me know how to get out of this problem.
1 Answer from Attorneys
Re: Joint Credit Card Debt
Did the final decree order him to take that credit card debt and remove your name, or was that something you mutually agreed to without having it in the decree? If the latter, the credit card company can keep your name on it until you tell them otherwise. And you may be responsible for all the charges incurred until you notified them to take your name off it.
If your ex was ordered to do so in the decree, get a certified copy of the decree and send it to the credit card company with a note explaining that he was supposed to be responsible for the debts. They may accept that, but they are not obligated to do so; you should have contacted them as soon as you wanted your name off the card.