Post Divorce Credit Questions

[PaulSwensen]

I am considering filing BK, in Washington State, a community property state. My ex-wife and I are on relatively good terms, and we have a 3 year old son together, so I do not want to cause any problems. In the divorce, I was ordered to pay the balances on several credit card accounts. These accounts were opened while we were married. On at least two of these accounts, I paid off the accounts quickly, to a zero balance, using balance transfers. Later, I started charging again. Now I am considering BK. But not if this debt that was paid down and then charged back up again puts her at risk for being sued. Neither one of us ever "signed" anything, it was a phone application. Is she liable for this debt? Thank you.

[helpmeout]

Is it a joint account? If so, then they will go after her. If not and the debt was incurred after the marriage, then they won't. Don't know about the balance transfers. That is something you will need to discuss with an attorney since it sounds like that particular debt was before divorce.

[PaulSwensen]

Marriage/Divorce: Credit Question

I applied for the credit during the marriage. It was me that applied for it, and she never signed anything. In fact I did not sign for anything (verbal agreement?). On one of the accounts I made her an "authorized user" (she got her own card, which she never used). Like I said, I am from Washington, a "community property and community debt" state.

[newbie2]

I applied for the credit during the marriage. It was me that applied for it, and she never signed anything. In fact I did not sign for anything (verbal agreement?). On one of the accounts I made her an "authorized user" (she got her own card, which she never used). Like I said, I am from Washington, a "community property and community debt" state.

It doesn't matter whether you signed an application or not, you are still legally responsible for the charges that you made on the card. In fact, most of the credit card "applications" are now done online, or on the phone. Very few would be with a typed application and your signature at the bottom.

I would talk to an attorney, but it does sound like your ex wife would be on the hook for the payments if you filed for bankruptcy.

[Flamingo]

When you paid down those accounts to a zero balance, her name should have been removed at that time as an authorized user as you are no longer married and she is listed as your spouse for her information as being an authorized user. What may affect her is if you file, the information may show up on her credit reports on the account for whicih she is listed as an authorized user. I would look into getting her name removed off that account - speak with either a BK attorney from your state or with the attorney who handled your divorce.

[tdawg]

I believe she will not be liable for it because it was not a joint account. If you had your grandma as an authorized user, they couldn't go after her if you defaulted on the payment. Since you paid the balance down to zero, and then charged it up, you should be fine. In fact, I had exactly the same situation (in Washington state) as well, and it was all fine. However, if you had not paid the balance down to zero, and she paid it off, then she could sue you - which would not be great for your coparenting relationship. :-)

So, short story, I am pretty sure that as long as it was not a joint account and you paid the balance down to zero after your divorce was finalized, it should be fine. Good luck!