In a Divorce, can the credit card debt

[bd420]

What is the name of your state?
Michigan

In a Divorce, can the credit card debt be proven to be more on the side of one spouse over the other? I understand that eventual credit card debt ownership does not have to be half and half, but before that is taken into consideration, what about the actual debt itself?

Some examples.
1) Spouse gets a drunk driving, $1,000 in bail and court fees are placed on the credit card, could that be determined to be the 1 spouse's debt and not the others?

2) Spouse separates and moves out, signs a lease, and breaks the lease. Years later, a collection agency tracks down the spouse and they produce the actual lease that solely contained just the one spouse signature. The debt is settled with the collection agency by using a Credit Card, once again,
could that be determined to be the 1 spouse's debt and not the others?

 

[seniorjudge]

What is the name of your state?
Michigan

In a Divorce, can the credit card debt be proven to be more on the side of one spouse over the other? I understand that eventual credit card debt ownership does not have to be half and half, but before that is taken into consideration, what about the actual debt itself?

Some examples.
1) Spouse gets a drunk driving, $1,000 in bail and court fees are placed on the credit card, could that be determined to be the 1 spouse's debt and not the others?

2) Spouse separates and moves out, signs a lease, and breaks the lease. Years later, a collection agency tracks down the spouse and they produce the actual lease that solely contained just the one spouse signature. The debt is settled with the collection agency by using a Credit Card, once again,
could that be determined to be the 1 spouse's debt and not the others?

Q: In a Divorce, can the credit card debt be proven to be more on the side of one spouse over the other?

A: Yes, if you have the documents to back up your claims; no, if not.

 

[Debt Guy]

Just a caveat --

Whatever the divorce court rules on who is responsible for the credit card debt will not be binding on the creditor.

To the creditor you will each still have joint and several liability (assuming you both are obligated on the card).

I see lots of folks who think they don't have the pay the creditor because the divorce judge said it was the responsibility of the other party. In that case, all you can do is sue the ex-spouse.

 

[seniorjudge]

Just a caveat --

Whatever the divorce court rules on who is responsible for the credit card debt will not be binding on the creditor.

To the creditor you will each still have joint and several liability (assuming you both are obligated on the card).

I see lots of folks who think they don't have the pay the creditor because the divorce judge said it was the responsibility of the other party. In that case, all you can do is sue the ex-spouse.

And, let me add, the reason for this is that the creditors are not parties to the lawsuit so are thus not bound by the judgment.

 

[bd420]

Is this Definitely True for MICHIGAN?

Q: In a Divorce, can the credit card debt be proven to be more on the side of one spouse over the other?

A: Yes, if you have the documents to back up your claims; no, if not.

Is this Definitely True for MICHIGAN?

I have the documentation and Court Judgements on over $5,200 of debt that was placed on Credit Cards on my name, by me (just to clarify) so she would not go to jail because we, like many others, didn't have the available money in any other form, ie, savings, etc.

 

[seniorjudge]

Is this Definitely True for MICHIGAN?

I have the documentation and Court Judgements on over $5,200 of debt that was placed on Credit Cards on my name, by me (just to clarify) so she would not go to jail because we, like many others, didn't have the available money in any other form, ie, savings, etc.

All I can tell you is to take your evidence to court and hope for the best.

 

[Ladynred]

You can't go to jail for not paying your debts !!

Creditors don't give a rat's patoot about divorce decrees, all they care about is who's name in on their accounts.

 

[seniorjudge]

You can't go to jail for not paying your debts !!

Creditors don't give a rat's patoot about divorce decrees, all they care about is who's name in on their accounts.

True, but writer was wondering about how credit card debt was allocated in the divorce.

 

[Ladynred]

Well then the post probably ought to be in the Divorce forum and not here