My husband's credit card debt

[yadennis]

What is the name of your state? New York
This is a very different situation - i can't even believe I am writing this.
My husband got convicted of a federal crime and is in a detention center right awaiting his sentancing.
He accumilated over 60,000 in debt. Most of the credit cards are his with me as an authorized user. Am I responsible for his debt? We are married and have joined bank accounts. I am in the process of selling our apartment to pay for legal fees and will have very little left. I have been making regular payments - but the intersts are killing me.
What are my options?
Thank you very much

 

[Ladynred]

Most of the credit cards are his with me as an authorized user. Am I responsible for his debt?

For those accounts that you are ONLY an authorized user, the answer is NO. You are not liable for those debts as an AU. You must verify that that IS how you are listed on these accounts.

We are married and have joined bank accounts.

The joint bank accounts would be a problem if his creditors sued him. Get your name off those accounts or just get an account ONLY in your name in another bank to protect yourself.

What are my options?

- verify that you are ONLY an AU on those accounts, then get your name REMOVED from those accounts.
- keep paying any that you are definitely JOINT on the accounts as you CAN be sued for those
- get your own bank accounts in only your name in another bank
- stop paying HIS debts, especially if you can't afford it while he sits in the Federal pokey. You are NOT responsible for them. There are risks of course, collectors will harrass and lawsuits could happen. You need to have the PROOF that you were just an AU and not liable in any way for HIS debts.

 

[yadennis]

How do I prove that I am and AU? Short of calling them up and giving them a heads up? Also, how do I remove my name from the bank accounts?
I am sorry - these questions seem stupid.

 

[Job_Hunting]

1. Call the credit card companies and ask to close your account. Play dumb. If they don't have an account listed as "yours", they won't close it. They'll only let the account holder do that.
2. Get a free copy of your credit reports. See how they are listed. It will state "joint" next to those accounts.

 

[yadennis]

thank you. However, I can't try to close an account if there is a balance.

 

[Ladynred]

Right, they won't close an account that has a balance. If you are just an AU you may be able to get yourself removed as an authorized user on the account. If they tell you only the actual card hold can do that, then there's not much you can do but you are still not liable for the debt.

For the bank accounts, call the bank and tell them you want to remove your name from the accounts. If you can move money around to an account in your name only, in another bank, do that first. If they won't remove you, then take what money you need and get it into an account with just your name on it and leave the joint ones alone.

 

[yadennis]

Thank you very much for the advice.
one more question. I am selling our apartment, i have power of attorney should I open he account now, or wait until after i sell the apartment? The closing is September 8.

 

[Ladynred]

I don't see that selling the apt would be any reason to keep you from opening your own account now. There should be no problem with that.