debt after divorce

[Rachel T]

Texas

My divorce was finalized a year and a half ago. Recently I received a department strore credit card bill that is in my name and my ex husband was an authorized user. He used the card and I did not. Are we supposed to split the bill 50/50 or am I stuck with it?

 

[LdiJ]

Texas

My divorce was finalized a year and a half ago. Recently I received a department strore credit card bill that is in my name and my ex husband was an authorized user. He used the card and I did not. Are we supposed to split the bill 50/50 or am I stuck with it?

If it wasn't addressed in the divorce, then you are stuck with it unless he used it after the divorce. If he used it after the divorce you to can take him to small claims court. However, in that case you made a huge error in not canceling the card.

 

[Rachel T]

the account was closed during the divorce and has not since been used. The debt was incurred during the marriage. My divorce decree states that "IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other paty, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand."

WHEW! Is this at all relevant to what I am asking about?

 

[LdiJ]

the account was closed during the divorce and has not since been used. The debt was incurred during the marriage. My divorce decree states that "IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other paty, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand."

WHEW! Is this at all relevant to what I am asking about?

Maybe. Was this debt assigned to him in the divorce? If the account was cancelled during the divorce then the debt should have been known at the time.

 

[Rachel T]

It's actually a debt that was incurred probably a year before the marriage ended AND the account was closed by the creditor...NOT by us. I was unaware of the debt still pending since my ex husband handled the purse strings in our marriage. The creditor, I assume, "lost" us what with my name change, changes of address, yada, yada, yada...I don't know. I am only guessing as to why it has taken this long for them to contact me. The only debt that is specifically addressed in our decree are those we acquired after our separation and prior to the divorce being finalized and of course the house. Am I stuck?

 

[Golfball]

Sounds like you might be stuck, since it looks like the debt is marital, and in your name.

You *might* be able to go after your ex for half of it (whether this would be enough to justify the attorney's fees is another matter), but the creditor wants to be paid, and they don't care what's in your divorce decree. Your name is on the card, so they can come after you.

 

[Rachel T]

thanks for the replies. I just contacted my ex and he and I are going to try to take care of the situation together.