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She said she pay the credit card debt...

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ronestmn

Junior Member
What is the name of your state (only U.S. law)? Georgia

My wife has moved out and we are going to file for divorce as soon as we can get an answer to the following;

All of the debts are in my name with the exception of her car. We have agreed on everything and all is going smoothly.... she will take her car loan and I will take mine. The only other debts are the mortgage and two credit cards. She doesn't want the house, I do, so we have agreed that I will keep the house and she will take the two credit cards. The problem is that the cards are solely in my name. We tried to have her added but were denied due to her poor credit. Then she tried to get credit cards of her own so that she could transfer the balances however she was denied for those as well (with the exception of one $300 card). At this point our only other idea is a promissory note but as I've seen from reading these forums the credit card companies are a third party to that agreement and I will still be responsible for the debt if she stops paying.

What are our options to make sure that once this is done I'm free and clear of these credit cards? Can the judge order the companies to transfer the debt to her and release me? Is this something we need to get an attorney involved in or can we do this ourselves being that it's uncontested and all agreed upon? She said she would pay alimony, is that an option? What can we do?

Please help!

Thank you.What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Georgia

My wife has moved out and we are going to file for divorce as soon as we can get an answer to the following;

All of the debts are in my name with the exception of her car. We have agreed on everything and all is going smoothly.... she will take her car loan and I will take mine. The only other debts are the mortgage and two credit cards. She doesn't want the house, I do, so we have agreed that I will keep the house and she will take the two credit cards. The problem is that the cards are solely in my name. We tried to have her added but were denied due to her poor credit. Then she tried to get credit cards of her own so that she could transfer the balances however she was denied for those as well (with the exception of one $300 card). At this point our only other idea is a promissory note but as I've seen from reading these forums the credit card companies are a third party to that agreement and I will still be responsible for the debt if she stops paying.

What are our options to make sure that once this is done I'm free and clear of these credit cards? Can the judge order the companies to transfer the debt to her and release me? Is this something we need to get an attorney involved in or can we do this ourselves being that it's uncontested and all agreed upon? She said she would pay alimony, is that an option? What can we do?

Please help!

Thank you.What is the name of your state (only U.S. law)?
Cancel the credit cards. There is nothing you can do to get the credit card company to let you off the hook if she doesn't pay. You can get the court to order her to pay, but if she doesn't, your credit will be ruined and you'll still have to sue her to collect the money - with no guarantee that you'll ever see it.

The court can NOT order the companies to take your name off the cards.

There's no law that she has to have a credit card, much less 2 credit cards. She can pay with checks or her $300 card until she builds her own credit rating.

As for alimony, if she's willing to pay it, then you can have it put into your divorce decree. If she's not willing, then you have to determine whether the judge would order it or not - which would require a lot more information than what you've provided - specifically how long you were married and your relative incomes.

As for whether you need an attorney, I'm not a fan of DIY divorces - particularly when you don't even understand the issues well enough to realize that YOU are on the hook for the credit cards and the court can't order the companies to put her name on the cards. Maybe it will go OK, but OTOH, you may find yourself in a year wishing you had paid for an attorney.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Georgia

My wife has moved out and we are going to file for divorce as soon as we can get an answer to the following;

All of the debts are in my name with the exception of her car. We have agreed on everything and all is going smoothly.... she will take her car loan and I will take mine. The only other debts are the mortgage and two credit cards. She doesn't want the house, I do, so we have agreed that I will keep the house and she will take the two credit cards. The problem is that the cards are solely in my name. We tried to have her added but were denied due to her poor credit. Then she tried to get credit cards of her own so that she could transfer the balances however she was denied for those as well (with the exception of one $300 card). At this point our only other idea is a promissory note but as I've seen from reading these forums the credit card companies are a third party to that agreement and I will still be responsible for the debt if she stops paying.

What are our options to make sure that once this is done I'm free and clear of these credit cards? Can the judge order the companies to transfer the debt to her and release me? Is this something we need to get an attorney involved in or can we do this ourselves being that it's uncontested and all agreed upon? She said she would pay alimony, is that an option? What can we do?

Please help!

Thank you.What is the name of your state (only U.S. law)?
Why is she taking the credit card debt? Whoever keeps the house is responsible for the mortgage so there is no debt that she should be taking in exchange for that. In fact, if the house has any equity you should be taking on MORE debt than she is in exchange for that equity.
 

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