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Sole Credit Card Debt and Divorce

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Anton Chigurh

Junior Member
What is the name of your state? Ca

If myself and my soon to be exwife (still legally married as of right now) have credit cards that are solely in our names can the creditor come after me if she charges her card up and then cannot make the payments? We have no joint cards between the two of us, only solo cards.

Ive gotten conflicting information on this regarding the fact that CA is a community property state, so looking for a definitive answer.

Thanks in advance for your answers :)
 


LdiJ

Senior Member
What is the name of your state? Ca

If myself and my soon to be exwife (still legally married as of right now) have credit cards that are solely in our names can the creditor come after me if she charges her card up and then cannot make the payments? We have no joint cards between the two of us, only solo cards.

Ive gotten conflicting information on this regarding the fact that CA is a community property state, so looking for a definitive answer.

Thanks in advance for your answers :)
I have been told, by a CA attorney, that due to the fact that CA is a community property state, that a creditor is able to go after a spouse or someone who was a spouse at the time that the credit cards were run up.

The attorney went on to say, that once a divorce action was filed, that the "community" stopped at that point as far as credit card debt was concerned.

However, I was also told that creditors rarely know that there is/was a spouse, and who that spouse was, and whether or not that person was a spouse at the time that the credit cards were run up, therefore the odds of the creditor going after the spouse are not strong in many, if not most, situations.
 

Anton Chigurh

Junior Member
Thanks for the reply. I had heard something very similar to that. Something along the grounds that the law is a little gray in CA on this point and that creditors had been known to come after a spouse but that it was quite rare.
 

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