Can my brother file a lawsuit against his ex-wife?
Date: Mon, 11/04/2013 - 03:51
Can my brother file a lawsuit against his ex-wife?
His ex-wife has defaulted on a card. The debt amount is $2000. My brother doesn't use those accounts. His only fault is that he forgot to take off his name. However, his ex-wife knows everything. She uses those accounts even now. Should my brother sue his ex-wife? My brother's ex-wife lives in Boaz, Alabama. My brother lives in Florida.
My brother is the joint
My brother is the joint account holder. The primary account holder is his ex-wife.
You cannot just remove you
You cannot just remove you name from an account.....you have to close the account. Was there any language in the divorce as to whose responsiblity the debt belonged to?? If not, he might be out of luck. If the account is defaulted, they will close it.
I think the divorce lawyer
I think the divorce lawyer should have been consulted here. If a mutual settlement regarding this account can be reached, then fair enough.
This can be tricky....Before
This can be tricky....Before I went thru my divorce, many years ago, I had some credit cards and my husband (ex now) was on them, some as a joint others as a user. I do not know how he did it, but he got his name taken off the accounts, (this was after he ran them up to their limits). Things may have changed by now, I don't know and I don't know how my ex managed to get his name off the accounts. In our divorce decree things were listed that whatever was in his name, he paid for and I was not responsible and whatever was in my name, he was not responsible and what was in both our names we were mutually responsible and there were guidelines as to how much each of us had to pay for the mutual. Unfortunatley, I was the one that got screwed because all the credit cards ended up coming to me. OK, I know, long story....point I am trying to make is that he needs to check and read his divorce decree to see what it says about credit cards, if anything, and if he has any questions he needs to check with his attorney and go from there.