Re: removing name from credit card

Posted by Boadicea (66.149.179.202) on August 18, 2004 at 17:50:29:

In Reply to: removing name from credit card posted by anon on August 18, 2004 at 14:33:13:

Who did you send the form to? The creditor? If so, do you have a copy of the form and proof that the creditor received it? You would also need something in response back from the creditor showing that they accepted the information and took the ex-wife's name off of the account.

There are *some* creditors who will ask a divorcing couple to sign a form showing that one of the two was accepting full responsibility for the account, but that doesn't mean that the "responsible" party meets their credit requirements alone. There is no law that requires them to release the other joint cardholder of responsibility. However, proof that the form was submitted and proof that the creditor received it may be enough if sued.

If you have it, send a copy (and a copy of the proof of receipt) to the creditor to "remind" them of the agreement. Also send both to the CRA's as proof that the ex-wife was not responsible for the account after that date. It may or may not work, but it's worth a try. But a divorce decree simply doesn't release responsibility for a joint account on its face. Ultimately, the ex-wife may have to petition the divorce court to force the ex-husband to reimburse her for whatever she is being held accountable for.

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