How to Make Your Ex-Spouse Liable for His Debts

The separation of financial debts and assets is one of many difficult aspects involved in getting a divorce, particularly when a couple holds joint assets. Courts and creditors alike consider several factors before making a former spouse solely liable for financial debts, including the circumstances surrounding a divorce, individual state laws and who signed the credit contract. Although a divorce agreement can not legally change who is liable for a debt, it can list your ex-spouse as the individual responsible for paying a debt.

Instructions

1

Obtain copies of your credit reports from the three major credit bureaus, Equifax, Experian and TransUnion. Review your credit-related activity, including any joint accounts obtained during your marriage. Make a list of the accounts, including the original loan amount, current balance, and monthly payment amount you believe your ex-spouse is liable for.

2

Discuss the accounts with your former spouse and your divorce lawyers. Resolve the question of how much debt your ex-spouse is liable for during the equitable distribution phase of the divorce process. Include the debt your ex-spouse is liable for in your divorce agreement.

3

Contact the lenders with whom you and your ex-spouse hold joint accounts. Ask the lender to close the account, or to revise your account contract so that only the person responsible for paying the debt is on the account. If the lender is unwilling to change the debtor to a single individual, ask the lender to put both you and your ex-spouse's mailing addresses on the account.

4

Submit account modification requests to lenders in writing. Draft a letter indicating you want statements sent to both mailing addresses, and for them to notify you before an account becomes delinquent. While this does not make your ex-spouse solely liable for debt on a joint account, it may prevent the account from going to collections, and negative remarks on your credit report.