QUESTION
Is there a legal avenue I can take to get my name off a joint account with my ex husband?
Asked on Apr 04th, 2022 on Contracts - Pennsylvania
More details to this question:
My ex and I divorced in 2020. We made verbal agreements that I pay off the joint car loan and he was to get my name off the joint credit card and bank account. I have held up to my end but instead of him getting a new credit card and transferring the balance he has run up the card and not paying it. I did pay the payments up to date and he ran it back up. He is primary on the account so they won't close the card down. Also they won't give me the statements I requested. The bank we signed up with was bought and they are more difficult to deal with. I would like my name removed from the account but need to know if this is possible with legal help or am I stuck in my situation and have to make good on the accounts. Please let me know if I have a leg to stand on. I will like to know my rights in this matter. I have since moved to Delaware and remarried. I like to get on with my life and need to be able to put the ex behind me with all ties.
1 ANSWER
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If you you did not enter into a written agreement to divide the marital assets, you may have a difficult time obtaining the relief you seek. With an agreement, you could file a Petition to Enforce and most agreements require that the loser pay attorneys fees. With no written agreement, any such petition might fail as the decree presumably granted no other relief but the decree. Absent a written enforceable agreement, you would need to sue for breach of contract. Perhaps when faced with a suit, he might simply comply as that is certainly the most cost effective route for him.
I trust this has been helpful, but feel free to call or email on a free initial basis.
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Matthew R. Nahrgang, Esquire
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Collegeville, PA 19426
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Answered on Apr 05th, 2022 at 7:12 AM