Legal Question in Family Law in Washington

Remove name from credit card co. now I am legally separating.

I am legally separating from spouse, we have a small LLC family business with credit card debt. My name is associated with some of the c. cards. Can I notify those companies that I no longer am responsible and want my name removed from account?


Asked on 5/03/07, 7:27 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Remove name from credit card co. now I am legally separating.

You can but it will not be effective to protect you from the creditors of the business.

Third-party creditors are going to get paid even when the debtors get divorced. This is simply a fact. Otherwise, people would get married, rack up immense debt, divorce and point fingers at each other and say, "Not my problem" and the wheels of commerce would stop turning.

You can have incorporated into your decree of separation/dissolution a hold harmless that allows you to go after a spouse who agrees to take on a debt and then defaults on that obligation; however, the manner in which one often learns about the default is a lawsuit from a creditor.

Hope this helps. Elizabeth Powell

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Answered on 5/03/07, 7:43 pm


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