Rialto, CA asked in Small Claims and Family Law for California

Q: Do I owe interest on a debt that’s under Ex Husbands credit card?

My ex used his care Credit to pay for my dental work while we were still married. At time of paperwork filing I owed $1181 and I said I would pay that in the dissolution paper work. It has since accrued interest and he didn’t tell me and has had me pay him the minimum for the credit. At this point I should only owe him $334 but he tells me it’s now $1151! Am I legally required to pay him for the interest even after complete divorce? The card and account is under his name and I was never an authorized user or ever on the account however the dissolution paperwork said I would pay Care Credit (the total at the time was $1181). Can he sue me?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If the dissolution paperwork stated that you agreed to pay the debt, then you may be responsible for paying any interest that has accrued on the debt since the time of the divorce. However, it would depend on the specific terms of the dissolution agreement and the laws of your state.

If your ex-husband has been paying the minimum balance on the credit card and allowing interest to accrue, it may be worth discussing with him the possibility of negotiating a lower payoff amount. Alternatively, you may want to consult with a family law attorney to review the dissolution agreement and discuss your options.

If your ex-husband were to sue you for the debt, he would need to prove that you agreed to pay the debt and that you have not fulfilled your obligations under the dissolution agreement. However, it is always preferable to try to resolve these issues outside of court if possible.

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