Divorce, Credit Card Debt, & Bankruptcy


#1

A divorce decree/separation agreement stating who is responsible for certain bills/debts will NOT get the company to change the name on the credit card/loan. My ex and I went through the same thing. If she fails to pay-it will reflect on you, because your name is on the credit card. Again, this is based on experience. Going against everything in our separation agreement, my ex H stopped paying EVERYTHING. He didn’t pay the cards, or even the mortgage. I sent them all copies of the divorce decree/separation agreement which stated he was responsible for those debts and got back a multitude of replies stating that the agreement was between me and him, not them and that all they cared about was the name on the card. Since he wasn’t sending the payment, they came after me. He didn’t even take all the debt, we split it down the middle and he defaulted on it. He filed bankruptcy for protection, which put 100% of the debt on me and forced me to do the same (bankruptcy) months later. Does she have a family member that would be willing to co-sign a loan for her so that all those cards could be consolidated into one loan with her name alone on it?

venus


#2

I’m not sure. I will talk to her about it though. I greatly appreciate your response. It sounded good on paper, but I wasn’t sure how it would work out in reality. Thanks again.


#3

I agree with Venus. We were in a similar situation w/ my husband’s ex. She agreed to lots of things during the separation agreement, few of which she did, and one was paying off her share of the credit card bills. The credit card companies don’t care and your credit will be trashed and if she continues to use credit cards in your name it will only get worse. She will need to get her credit act together.


#4

Dear newberrydc:

Greetings. NO THIS IS NOT THE CASE!!! You must resolve these financial issues through a separation agreement or in the courts prior to the divorce or ALL the things in your name are yours - solely. If you do not have refinance language, then there is no refinance requirement.

I cannot advise you on bankruptcy - so you will have to speak with a bankruptcy attorney about that issue. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

My wife and I are separated and on good terms with one another. We have agreed to joint custody of the children and to splitting the finances. My wife’s credit is shot