My ex-husband is asking me to pay part of our credit card debt but I don't think I am liable for any of it, or at least not much
Dallas, TX
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Posted 9 months ago in Debt Settlement
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My ex-husband is asking me to pay for part of our American Express credit card debt. Our divorce papers, however, make it seem like I owe him nothing, or at the least, very little. There is $25,000 in debt owed to our American Express card that is listed only under his name for 'debts to husband'. Under 'debts to wife' it only says this: "Any and all debts, charges, liabilities, and other obligations incurred solely by the wife from and after February 14, 2008 unless express provision is made in this decree to the contrary." It doesn't say anything about the American Express debt. In addition, my name is not even on the American Express account. I was just a co-signer. What do I owe?
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Answers (2)Lu Ann Trevino
This attorney is licensed in Texas.
Posted 9 months ago.
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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
It appears you are not liable for the Amex account under the order. However, if he doesn't pay on time, your credit record will also suffer. If that happens you could take him back to court and ask that he be held in contempt for not paying as ordered. Anita Cowley Savage
This attorney is licensed in Texas and 2 other states.
Posted 9 months ago.
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While I do not have a copy of your divorce decree to review, based on the wording you provided, you have no obligation to pay the American Express debt, as it relates to the division of debts as between you and your ex-husband. However, since you are a co-signer on that debt, if your husband fails to pay that debt timely, the creditor will look to you to satisfy his obligation. Unfortunately, while there is an order in your divorce that says you don't have any responsibility to pay this obligation, that decree is between you and your ex-husband only. The creditor, in this case American Express, does not have to follow the term of your divorce decree - they need only follow the terms of their credit agreement with you. If those terms allow them to seek full payment from the co-signer if the primary party defaults (and I will bet it says exactly that), they can and will seek repayment from you. If you don't pay it, and you are tied to that obligation as a co-signer, your credit can be negatively affected (even though this is technically your ex-husband's sole debt).
However, you are not without remedies. In your case, you would file a Motion to Enforce and/or a Contempt action against your ex-husband for violating the terms of the divorce decree. It will not be an immediate resolution of your problems with American Express, but it can be resolved with time. Hope that helps. If you have any further questions, feel free to call me at 214-707-0660. Good luck!
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