When I found out what he had done, I kicked him out and filed for divorce to get protection from family court. He has found a lower paying job, but I have now learned that I am as responsible as he for the credit cards in both our names that he used. I never saw any of this until we got into court hearings. Because he ignored the bills, our credit mine, included is bad. My lawyer tells me that the judge will not get into my credit ratings. What can I do?
Loss of employment, loss of principal due to market conditions, and low interest rates are wreaking havoc with many American families. In order to attempt to increase income or rebuild lost principal, many have chosen to take inappropriate risks. It appears that your husband has gone overboard.
First and foremost, regardless of the orders of the family court that may require your husband to pay these debts, the family court cannot disturb or vary the contractual debtor-creditor relationship you may have with your creditors.
First, find out from each of the creditors whether you actually signed to be responsible for the account. If not, you have no contractual obligation to pay the debt. Just because a credit card is issued allowing both husband and wife to use it does not necessarily mean both are liable for the obligation. On the other hand, if you did sign to be responsible, you should immediately report your situation to the creditor in writing so that your circumstances may be taken into account should you later apply for your own account.
Should you be denied when you apply for your own credit, you have the legal right to know exactly why your application was turned down. Therefore, make sure to check your credit report for inaccuracies, and give the creditor additional information to show that you are a good credit risk. If this doesn't work, find out which credit services are being used and apply to each individually for correction of your record. This will take time, but detailing that your ex was responsible should help your record in the long run.
If the debt is such that your husband will not be able to pay it even if he is ordered to do so, you may well see a bankruptcy proceeding, which will stay your family court action.
Bottom Line: Since family courts cannot and will not interfere in relationships between debtors and creditors, and since bankruptcies are more prevalent in tough economic times, it is a good idea for married couples to share information and to approach family finances jointly in an effort to avoid bad results.
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