How to Carry Over Credit Card Balance From Divorce
Depending on the divorce laws of your state, in a divorce all marital assets will be divided either as community property (equally divided between parties) or equitably (property is divided "fairly"). However, marital debt does not always follow these state-specific guidelines. Even if a credit card has both spouse's names on it, if the credit card has been used for only one spouse's benefit, that debt does not belong to both spouses and may be the sole responsibility of one spouse in the event of a divorce. If the credit card has been used for household expenses, however, and even if only one spouse's name is on the card, that debt can be considered a marital debt.
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Instructions
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Gather any information about credit cards and debt on each. Even if a credit card is personal and has only one spouse's name and debt on it, it still must be included in a divorce proceeding and listed as a debt. The divorce court will make the final determination on each asset and debt, so it's important to disclose everything in your divorce petition. Disclose whether each card was used jointly for household expenses or was for a spouse's personal use.
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Ask to have the credit card balance carried over from the divorce proceeding in your divorce petition. Whether you want a credit card balance to be paid by you alone or if you want the balance carried over so both spouses are liable for the debt, have your divorce attorney specify your preference in the divorce petition. The divorce judge will make the final decision as to which spouse is liable for what debt and what debts will by carried over from the divorce and assigned to each spouse, but make your preference and the reasoning behind it known in your petition. A divorce attorney can argue this point at hearing.
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Pay off any balances owed on a credit card that has been carried over from a divorce proceeding. Follow up on any credit card balances that have been carried over, especially if one of the credit cards still has your name on it as a joint account holder. If your former spouse fails to make payments on that card, it can hurt your credit score irreparably.
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Check account statements to make sure the debt is being paid pursuant to your divorce agreement. If you see a problem with the credit card balance or if your ex-spouse is not making the payments as agreed, you may want to take over making payments and address the issue in court since it can affect your credit score. Your divorce attorney can give specific advice related to this issue pursuant to your state's laws.
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