Legal Question in Credit and Debt Law in Wisconsin
I just got divorced and am taking all the credit card debt. How do I get my name placed on the credit cards that are in his name?
1 Answer from Attorneys
There is no way to force any creditor to remove someone's name from debts or add a name on any sort of credit account, loan or mortgage. You must apply for credit just like anyone else if your goal is to remove your ex spouse's name, since the bank is not a party to your divorce and is not bound by any divorce court order or agreement. The likely scenario is therefore that both names will remain on all accounts until they are paid in full or discharged in bankruptcy, unless you have excellent credit. Adding a name is fairly simple, assuming that the account is in good standing. The account owner merely needs to call and add you as an authorized user (although his or her name will also remain on the account). If your divorce attorney is not also an expert in creditor/debtor law, you owe it to yourself to consult with a bankruptcy attorney or other lawyer who is expert in such matters before agreeing to any sort of divorce settlement involving debt. Many people are deeply disappointed to learn, long after their divorces, that their agreement does not achieve their goals relative to dividing debt if one of the parties ever defaults on their obligations, particularly with regard to home mortgages. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine.