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Community debt issues

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dsd2008

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

My wife and I divorced almost a year ago and we have debt together that was split down the middle. All the credit cards we had were in her name, I never used those cards for my own personal materials however, at times we would use them to pay for dinner or a quick trip and very often she would use them to get a facial or for other personal needs that would be of no benefit to me. Currently, she is in control of the credit card statements and I pay her every month the amount due which is around 250 dollars. I give her my pay stubs every month and she takes a portion of what ever I make over 2000 dollars to help pay for this debt.
I have asked her several times to provide me with the papers regarding this debt so I could send in the payments myself or work out a payment plan with the company. She refuses to give them to me which makes me very suspicious about her still using the credit cards for her needs.
All I would like to do is roll over the debt into my own name or work out a payment plan with the creditors but she refuses to give me the statements.
Do I have a right to see these statements? What can I do to obtain them? I want to have her out of my life and to be in control of my own debt. I do not want to send her payments anymore and I want to see these statements!!
 


LdiJ

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

My wife and I divorced almost a year ago and we have debt together that was split down the middle. All the credit cards we had were in her name, I never used those cards for my own personal materials however, at times we would use them to pay for dinner or a quick trip and very often she would use them to get a facial or for other personal needs that would be of no benefit to me. Currently, she is in control of the credit card statements and I pay her every month the amount due which is around 250 dollars. I give her my pay stubs every month and she takes a portion of what ever I make over 2000 dollars to help pay for this debt.
I have asked her several times to provide me with the papers regarding this debt so I could send in the payments myself or work out a payment plan with the company. She refuses to give them to me which makes me very suspicious about her still using the credit cards for her needs.
All I would like to do is roll over the debt into my own name or work out a payment plan with the creditors but she refuses to give me the statements.
Do I have a right to see these statements? What can I do to obtain them? I want to have her out of my life and to be in control of my own debt. I do not want to send her payments anymore and I want to see these statements!!
Your divorce paperwork should have laid out the exact amount of the debt at the time that you divorced. Allowing for interest over the last 12 months and taking into consideration what you have paid so far, you should be able to figure out the balance that you owe. Why not take out a loan, and simply pay her in full, and then make payments on your loan?

Since the cards are solely in her name, then it won't matter if she continues to use them or not, since you will have paid your share to her, in full.
 

dsd2008

Junior Member
Yes, it does. However, should I be able to see those statements? She claims that she doesnt use the card anymore however, I would like proof. Can I legally obtain copies of these statements?
 

LdiJ

Senior Member
Yes, it does. However, should I be able to see those statements? She claims that she doesnt use the card anymore however, I would like proof. Can I legally obtain copies of these statements?
In order for you to be legally able to see the statements, it has to be relevant to you to see the statements.

If your divorce decree outlines a specific amount that you are responsible to pay, and the cards are in her name only, then the statements are not relevant to you. If you are also responsible for interest, then the interest rate is legally relevant to you, but not whether or not she continues to use the card, and the interest rate can be calculated without you seeing the statements.

I think perhaps you are worried about something that does not apply to you. However, you also stated that you would like to roll your share of the debt into your own name...so by all means do that if you can.

I could understand your concern if the cards were joint cards, however, they are not.
 

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