What to Write to a Credit Card Company to Remove My Ex-Spouse's Charges From My Report?

You may be disappointed to learn that divorcing a spouse does not necessarily cut all ties with him. In fact, you may find some of your spouse's debts on your credit report. Unfortunately, this probably means you legally owe them. You could write the creditor to fight your liability to pay the debt, but your plea may fall on deaf ears.

Identification

There probably is little you can say in a letter to remove an ex-spouse's charges from your report. If you had a joint account with a spouse, you are liable for payment on the account even if a judge says otherwise. Experian, one of the major credit reporting bureaus, tells consumers to explain to the creditor that you do not owe the spouse's debts. Even this may not stop collection efforts on the part of the creditor, but at least you can show responsible actions in case of a lawsuit over the debt.

Considerations

It is better to pay debt on a joint account rather than ignore and try to fight the charges. You can later ask a judge to enforce an indemnity agreement to get the spouse to repay the debt. If the account was in error or the spouse took an account in your name after a judge signed the official divorce papers, you could send proof that you are not the account holder, such as government identification and proof of the dissolution of marriage. Some states require both spouses to pay any debt incurred during marriage, while others may require you to pay the debt even if you name never appeared on the account.

Considerations

Ideally, you want to work out a plan with your spouse to determine who gets what debts. Once you do this, you can ask the lender to assign the charges to your individual accounts. Even in this case, the creditor might still consider you both liable for the debts. Secured debts, such as a mortgage, usually require both spouses to agree to refinance the debt.

Tip

You should hire a lawyer to help you enforce court orders that require a spouse to pay a certain debt. You also may need to determine what debts you both must pay if you live in a community property state. You and your spouse may want to get individual consolidation loans as a convenient way to keep track of your debts. You should keep any disputed account current so you can protect your credit score and qualify for loans on your own.