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kjmilligan
Posts: 4
Registered: ‎11-01-2012
0

ex wife using and not paying...divorced for 5 years

My husband just had his credit report pulled and found out that his ex wife is using a joint credit card. They have been divorced for 5 years! He never even thought abuot this card, since it had been so long. Well, She hasnt made payment since June '12. Now its seriously deliquent and seriously hurting his credit. All his other debts have been paid on time, no deliquency! He immediately called Capital One and they informed him he is NOT the primary person on the account so he cant remove his name. They told him the ex wife would have to call and remove him. He has reached out to her numerous times in the past couple weeks. Initially she ignored him, then she called him and said that they wouldnt remove him from the account unless he was merged into their phone call and they did it together. She also claims she paid the past due amount when she made the call. Still doesnt change the fact that the account was >120 days deliquent and showing up on his cr that way.

 

First question...does this sound like a joint account or is he an authorized user?

second question....how do we go about getting his name removed? court? contact capital one again? again, he hasnt had possesion of this card for at least 5 years!

 

Any advice would be appreciated....TIA!

 

 

New Contributor
heathuhhhhwebbbb
Posts: 163
Registered: ‎10-18-2012
0

Re: ex wife using and not paying...divorced for 5 years

That's unfortunate!  I was divorced about 3 years ago but we were reasonable, any cards I was an AU on, I mailed back to him certified mail so that he knew I was not using his cards.  Unfortunatly, when I went to remove him from my banking account as a joint user, I was told I couldn't because he would have to be there as well to authorize the removal.  I think if it was just an AU, the main account holder can remove or add whoever whenever they way.  But I could be wrong.

 

I know for my Capital One Cards I can add/remove the AU whenever I want on the website.

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Super Contributor
CS800
Posts: 6,548
Registered: ‎04-07-2008
0

Re: ex wife using and not paying...divorced for 5 years

If the EX wife is the primary owner and your husband is the AU, he can dispute the account with the CRA. I did it before. And it was removed from all 3

 

I stated 'Account not mine"




Moderator Emeritus
llecs
Posts: 32,880
Registered: ‎08-04-2007
0

Re: ex wife using and not paying...divorced for 5 years

Tell him to pull his CRs. It'll say on there if he's a joint acct holder or AU. As mentioned, if AU, dispute as "not mine". If joint, he has every right to cancel and he'll have to fight for that.

 

If an AU it'll disappear. If joint, he legally would still be responsible for the debt despite any divorce decree. Now he could use any decree to go after the ex for charges or damages if there was a violation of those terms.

Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
0

Re: ex wife using and not paying...divorced for 5 years

+1  He needs to look at his reports and see exactly where he stands on this one.


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