Legal Question in Family Law in Tennessee

Marital Debt

My divorce was final on Nov.22 2003. In the marital settlement agreement my ex-husband was ordered to pay all the marital debt, which at that time was on a joint account in the amount of approx $8,000 and he was ordered not to incur any more debt in my name. Since then he has continued to use the joint credit card and now the debt is up to about $14,000 and my name is still on the account as a joint cardholder. The specific name and number of the account was not recorded in the agreement. The credit card company will not remove my name until the balance is paid off and the funds transfered to a new account in my ex-husbands name only. How do I get him to do this? Up to now he has refused and says he simply does not have good enough credit to transfer the funds. But it is ruining MY credit rating!! What can I do?


Asked on 7/28/05, 5:08 pm

1 Answer from Attorneys
Holland McKinnie T. Holland McKinnie, PC

Re: Marital Debt

You will need to seek enforcement of the dissolution agreement according to its terms. You will normally do this by having your attorney send a demand letter to the other party demanding performance in some short period of time. You would then consider an action before the court to force his compliance. I'll be glad to discuss this with you further if you would like. My office is in Franklin, and I notice you have a 37064 zip code. If I do not have some conflict of interest through knowing or having done work for whoever the ex-husband is, I'll be glad to consult with you as to your rights. Feel free to call me at 790-2575 or email me at [email protected] if you'd like to discuss.

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Answered on 7/28/05, 5:30 pm


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