Ex Did not Close Credit Card as promised

My ex and I had an absolute divorce 9 years ago. As part of the separation agreement, we were both supposed to disentangle ourselves from one another’s credit cards. Here is an excerpt:

2.9. Debts of the Parties. Husband agrees to pay all credit card debt in his
name and shall render Wife harmless on the same including but not limited to his
Coastal Federal Credit Union, Account XXXX and American Express, Account #XXXX.
Wife agrees to pay all credit card debt in her name and shall render Husband harmless
on the same, including but not limited to her …
Neither party has incurred any debt for which the other
party is assuming responsibility that has not been disclosed. If any such undisclosed
debt exists, the party incurring such debt shall be solely responsible for repayment and
shall indemnify and hold the other party harmless therefrom. If either party has listed the
other as an authorized user on his/her account or if any of these accounts are held
jointly, the parties agree to execute any documentation necessary to remove the other’s
name from said account within ten (10) days following the execution of this agreement
either as an authorized user or a joint account holder. If it is not possible to remove the
other person’s name from said account, the account shall be closed.

Although I never had a CFCU credit card, I do believe that it was set up as a joint account. I had assumed that my ex had done as he had said that he would do in the separation agreement and closed the account. We have had a fairly amicable relationship.

A couple of months ago, I notice that my FICO score dropped over 200 points. At that point, I checked my credit history, and saw that the reporting agency listed me on this account. I disputed it, and they came back and replied that I was still on it.

I called my ex to complain, and he has told me that he had gone to the credit union to have me removed. I just had another precipitous drop in my FICO score again this month, as he apparently has missed a couple of payments. Based upon the size of the balance, I suspect that he put a recent home renovation on this card.

What can I do to extract myself from his debt?

You need to find out from the bank or credit card company what must be done to have your name removed from his credit cards and vice versa. If he hasn’t done what is required of him in the separation agreement, then you can file a breach of contract lawsuit against him which will force him to comply.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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