NSW How to Make Ex-Husband Pay Credit Card Debt?

[Tee609]

Hello.

I have a large credit card debt that was racked up during my marriage. The credit card is in my name as my ex-husband has bad credit. For nearly the last year, I've sucked it up and paid for the damn thing myself, even though about a good 70% of the debt on it he spent himself.

I did originally ask him to pay for half but he refused and it just became too stressful (I thought 50/50 was a good deal even though he spent more on it and has the goods in his possession).

If I wanted to, can I legally make him pay for his share of the debt and how do I go about it?

Thanks for your time

 

[Rod]

How long since the divorce?

Has there been a court ordered/agreed division of property/debts?

Edit: Just saw your other post. You need to start divorce proceedings asap as your first step. Call the court and ask for advice on the process if DIY. Else see a lawyer.

 

[Sophea]

Hi Tee609,

Assuming you are not going the Family Court - property split route....your entitlements under general common law are as follows: Since the credit card is in your name you are 100% liable to the credit card company for repayment of the debt.

However, if you want to recover some of that from your ex because he spent the money, you would have to sue him and prove to the court why you are entitled to reimbursement of that money and produce evidence to that effect. You can't make him liable to pay back to debt to the credit card company per se.