Removing a co-owner of a credit card.

[dorko101]

Hi,

Is there anyway to remove myself as a co-owner of a credit card without paying off the balance?

My ex and I are co-owners of a credit card. She used the credit card and racked up a balance of $5000. When we broke up, she agreed to take on the responsibility of paying off the balance. Currently, she's not using the credit card any longer, but she is only making the minimum payment. At this rate, the balance wouldn't be paid off for a long time.

My question is, is there rules or laws governing the co-ownership of credit cards. Can I get my name off the card if she is the one that racked up the charges? Does she have to agree for that to happen?

I tried to get my name off and make her the sole owner. The credit card company would not let me do that without first paying off the balance. We never got married so there is no divorce or anything. I suspect if she becomes delinquent on the payments, I would be stuck with the debt. Is suing her the only way?

Thank in advance.

 

[dorko101]

my state

my state is California.

 

[JETX]

Is there anyway to remove myself as a co-owner of a credit card without paying off the balance?

Yes, there is. All you have to do is get the permission of all parties (the card company and your ex).... in writing.

Is suing her the only way?

Of course you can sue her, after all, anyone can sue almost anyone else over almost anything. However, you have NO cause of action against her... and no chance of getting a court to order her to pay.

 

[Ladynred]

If the account is joint, meaning you BOTH signed on the dotted line, then there is no way they will take your name off w/o getting paid in full - they want the money ! They will usually close the account once they get the money and if they will give it to her, they will give her a separate account. If she's not paying, they'll just close it and give her nothing.

 

[teflon_jones]

As said above, an account must be paid in full to have a person's name removed from it. You can only have your name removed from something if you're an authorized user rather than a joint account holder.

If you sue her, you'll lose since you were married at the time the debt was accumulated. So you'll just have to wait for it to be paid off!

 

[JETX]

If you sue her, you'll lose since you were married at the time the debt was accumulated. So you'll just have to wait for it to be paid off!

Sorry, but that is not correct.
Though California is a community property state and the debt would likely be communal anyway, the writers obligation has absolutely NOTHING to do with his being married.marriage. His obligation is ENTIRELY created due to this being a joint account, married or not.

 

[teflon_jones]

Sorry, but that is not correct.
Though California is a community property state and the debt would likely be communal anyway, the writers obligation has absolutely NOTHING to do with his being married.marriage. His obligation is ENTIRELY created due to this being a joint account, married or not.

Since they're now divorced, wouldn't the community property laws equally apply to this, in addition to the joint account status? For instance, if he wasn't a joint account holder, couldn't they still pursue him for the debt on the basis of community property?

 

[JETX]

Since they're now divorced, wouldn't the community property laws equally apply to this

Yes. But the co-incidence that they happen to live in a community property state has no relevance on the FACT that this is first a JOINT debt. It makes no difference whether they were married (now divorced), or brother-sister, or good friends. The ONLY relevant issue is that this is a JOINT debt.... and therefor BOTH are equally and severably liable for the debt... marriage or not.

For instance, if he wasn't a joint account holder, couldn't they still pursue him for the debt on the basis of community property?

Absolutely.... but they don't even have to go to the extent of considering communal debt. The FACT is... it is already a joint debt.

 

[cyana24]

The OP stated that s/he was never married - but that makes no difference in the OP's liability because it was a joint account.

 

[teflon_jones]

Yes. But the co-incidence that they happen to live in a community property state has no relevance on the FACT that this is first a JOINT debt. It makes no difference whether they were married (now divorced), or brother-sister, or good friends. The ONLY relevant issue is that this is a JOINT debt.... and therefor BOTH are equally and severably liable for the debt... marriage or not.


Absolutely.... but they don't even have to go to the extent of considering communal debt. The FACT is... it is already a joint debt.

Thanks, I'm not very familiar with community property laws and how they relate to situations like this.