Q: Can credit card banks go after my ex wife if I've been divorced for 5 years but still have that cards debt in bankruptcy
A: If your ex's name is still on the cards they can go after her. See if you can get her name removed right now.
Timothy Denison agrees with this answer
A:
Under California law, the responsibility for credit card debt after a divorce can depend on several factors, including the terms of the divorce decree and whether California's community property laws apply to the debt. If the credit card debt was incurred during the marriage, it is generally considered community debt, and both parties may be responsible for it.
However, if your divorce decree specifically assigns the credit card debt to you, then legally, the creditors should pursue you for the debt. This situation could change if you file for bankruptcy. In bankruptcy proceedings, debts are handled differently, and the responsibility for payment might shift depending on the bankruptcy chapter filed and the specific circumstances of the case.
It's important to review your divorce decree and consult with a legal professional. They can help you understand how your bankruptcy filing affects your and your ex-wife's liability for the debt. Legal guidance is especially vital given the complexity of bankruptcy law and its interaction with family law.
Timothy Denison agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.