We posted recently regarding an uptick in legal matters that arise post-divorce involving the signing of quitclaim deeds and still having former spouses winding up in foreclosure proceedings. The issue that led to these serious legal and financial problems for so many people was the fact that many believed that the divorce decree would automatically remove their responsibility from these secured debts.
Unfortunately for many former spouses who believed that the mortgage was no longer their responsibility, they were proven incorrect on several occasions. In furtherance of that important information, now comes word that many former spouses are also winding up on the receiving end of collection calls and the like for delinquent credit card accounts. It turns out that this problem is arising for a similar reason.
When the property division aspect of a California divorce is complete and assets and debts are assigned, they are generally incorporated into the divorce decree as one party or the other’s responsibility. While this is a legally binding order, it does not trump the signature that appears on the credit card agreement with that creditor, and it means that the creditor can pursue collections from any name on that account, even if the divorce decree specifically states otherwise.
San Diego Divorce Lawyers
The best way to go about eliminating this unfortunate possibility is to close any joint accounts that exist as soon as possible. In addition, there are remedies available that include taking the non-paying spouse to court for failing to obey the terms of the order. However, even exercising these remedies will not repair a credit score that’s been damaged by a delinquency that you were not aware of until the collection efforts began. Handling this proactively is always the best solution.
If you are facing the prospect of a divorce and you want to be sure that you are protecting your rights and interests both before and after the process is complete, you need to seek the help of San Diego divorce lawyers who have been fighting for the rights of husbands and fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.