Ex-wives and bankruptcy

Posted on Sunday, September 21, 2008

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I have at least one debt (Line of Credit and maybe 2 credit cards) that go back to a previous marriage. My ex-wife (separated over 5 years ago and now divorced) is also on file as co-applicant for these debts. I agreed to take these debts when we separated. I had talked to my bank (all were RBC debts) about having her removed and thought it was dealt with. Obviously I misunderstood because now that I am claining bankruptcy, she is gettng phone calls for payments. So, 1) how to I find out for certain if she is listed as responsible (co-debtor??) and 2) does she have legal grounds to fight the debt collections since I am the one who carried, paid and added to the debt for the last 5 years.

NOTE: I`m not fighting with my ex-wife and I don`t intend to make her pay the debts. We`re looking for a way out that protects her from paying the debts.

Filed under: Bankruptcy
 posted by Questions @ 7:04 am
1 Expert Comment:

 At September 22, 2008 | 8:38 am , Barton Goth GCO Bankruptcy Trustees Said...

This is quite a common problem. The big question is did you receive confirmation that your ex was taken off the account when you requested it? Most often unless you have gotten this written confirmation your ex will still be listed on the debt.

In terms of does she have any legal recourse, I am not a lawyer and you may want to contact one, but in my experience there is nothing that can be done. She will be held responsible unless you can prove she has / was removed from the account.

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