Divorce Decree word "Indemnify"

[1stepahead]

My Soon-To-Be-Ex-Husband has 3 credit cards all in his name, but one was in my name. I have since taken my name off the card as of June 2005 when I found out his mistress was paying her bills with the card (cell phone, rent, clothes, cosmetics, birth control, etc...). I currently have NO CREDIT CARD DEBT OR CARDS IN MY NAME! He also took out a $10,000.00 home equity line of credit which part of it paid for her new breasts!

I live in Ohio and was wondering about the wording "indemnify" in the final divorce decree before I sign it on January 27, 2006. I have been married to this man for 17 years.

Can the credit card companies try to collect from me for his debt if he files bankrupcy? The credit card debt total as of today is $41,000.00 and continues to grow.

This is what the the decree states ( I am the plaintiff and he is the defendant): "Defendant represents that he has only two credit cards, both with Chase, one Visa and a Mastercard. Defendent agrees to hold Plaintiff harmless and indemnify her thereon from same."

Should I have my lawyer reword the decree or will this be enough for the card companies not to come after me for HIS DEBT???

I need clarification

[AAAArt]

Sorry to break the bad news to you, but no wording will work. Bk trumps divorce decrees w/ the exception of child support and possibly alimony. If the cards were held jointly and he files bk, they will come after you.
There is no way of which I am aware that you can escape responsibility if you were on the cards/mortgage, etc. when purchases were made. The only resort would be to sue him in small claims court, but if he declares bk, he wouldn't have any money or assets that weren't protected by discharge.
I really hate to be so blunt with you, but rather than go through a long list of "what-if's" and "why's" my understanding of the bk law and my opinion (opinion only) are given to so that you can take the specific question to your atty. and also to a bk atty. I certainly hope that they will prove me wrong.
Best wishes, Art
BTW, indemnify means to hold harmless, or not be at fault for. or as you're hoping for it to state that you will not be held responsible. There is prob. no stronger language you could use that would help, it is just "my" understanding that no wording or language would be sufficient. Again, I hope that I am mistaken.

[JimH]

If you both signed the card agreement, you will be responsible if he doesn't pay. You are no longer responsible for anything else he buys on the card after you have been taken off (or maybe the divorce date - I forget which). The only catch is the payments come off the top of the debt, not the bottom - if the card isn't paid down to $0 at one point, you will get stuck for the portion of the pre-existing debt before you were taken off the card. This could be years down the road. Also, I think there is a statute of limitations that applies here for how long after you were taken off - it might not be for eternity.

I've been down this road with my ex. I made sure the card I signed was cancelled and paid off from the home sale. Doesn't sound like you will have this luxury.

[JimH]

Also, if you are on the mortgage, you could have problems if he doesn't pay it on time. Your credit will be affected the same as his until you are off it also.