Assignment of Debt
What happens if the debt accumulated through your marriage was assigned to you or your spouse in the divorce?
First, credit card companies are not bound by the terms of your divorce decree or a family court order assigning the debt to you or your spouse. This is because when you obtained the credit card, you entered into a contract with the credit card company. A family court judge does not have the power to alter the credit card company’s rights under the contract.
Second, even if a debt was assigned to your spouse in the divorce, you will still be liable for it if your name was on the account, you were a cosigner, or it was a community debt (although it is less likely that a credit card company will pursue you based solely on community debt liability if it was your spouse’s card).
Third, if your spouse is ordered to pay a credit card in your divorce but fails to do so, he or she will be in violation of the divorce decree or court order. In that case, you will usually be entitled to reimbursement or damages from your ex-spouse if you end up having to pay the debt.
One way to reduce the risk of this possibility is by settling your outstanding credit card debt before it becomes a serious problem during or after the divorce.
By utilizing the free, web-based debt settlement software available at www.settleitsoft.com , you may be able to settle your credit card debt for less than you imagined, while hopefully eliminating a contentious issue.
Since this information is for educational purposes only, be sure to speak with a licensed professional for specific legal advice.
More information about Divorce and Credit Card Debt as well as other financial tips may be viewed in this Blog or the Knowledge Base of SettleiTsoft.com.