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What happens if you fail to disclose a debt in divorce?

Ventura, CA |

My divorce was final in CA 3 months ago. I did not disclose a credit card that was in my ex's name. I have been and planned on just paying the card off. What if I have decided now that since it is not in my name just to not pay it?
Are there legal ramifications against me? From what I gather the credit card company does not care who opened the account (me in his name during the marriage) its his name and he used the card too. The credit card company says that ultimately its his responisbililty right?

Attorney Answers 3

Posted

You could be told to pay all of the credit card and you could get sanctioned if your ex finds this out. Just pay it off. It will probably be cheaper then if you litigate it and suffer more damaging consequences.

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Posted

It can be viewed as fraud and used to set aside any agreement.

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Posted

From reading your facts it appears he had knowledge of the account, you stated that he used the account as well. Did he list it on his schedule of assets and debts? If so that helps to defend you against allegations that you sought to hide debt from him that you acquired in his name during marriage.

However, the debt appears not to have been addressed in the settlement. Generally, community debt is owed 50/50 by both parties. The credit card company won't care who is going to pay, they just want their money back.

If you are on speaking terms with your ex why not talk to him about this debt and seeing if you can come to an agreement to both pay half. If so, draft up a "Stipulation and Order" and both sign it and file with the court for signature.

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