CanI be released from joint credit card debt?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI be released from joint credit card debt?

Moved out of my home 2 months ago; husband has been unemployed for as many years. He has been running up credit cards (2). Some of it is for bills but I believe quite a bit of it is for alcohol and cigarettes. If he agrees to release me from any responsibility, can the credit card company remove my name from the account? I have not charged anything to these accounts.

Asked on March 14, 2011 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately, it's not up to your husband alone. The credit card agreement is a contract among all the parties--you, your husband, and the credit card company. That means that all parties, including the credit card issuer, must agree to any changes--including releasing a party from the account. The credit card company has no reason to do that--if they release you, they reduce their odds of being repaid, by removing a person against whom they would have recourse (i.e. if you're on the account, they could look to you for payment; even sue you if necessary). There is nothing in it for the credit card issuer, and so no reason why they would do this. If you are no longer living with your husband, and are looking to separate financial responsibility, you may wish to consider divorce; in a divorce, it may be possible to get your spouse to take full responsibility for debt he created or incurred.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption