Generally speaking, once you and your spouse opened a joint credit line mortgage, line of credit, credit card, etc. the creditor gained recourse against both of you, even after the debt was assigned to one or the other in a marriage settlement agreement. While an attempt can be made to have the creditor release an ex spouse from the debt, most such requests will be rejected by the creditor. Removing your name from a joint debt that has been assigned to your former spouse generally requires either paying off the debt (and closing the account), or refinancing the debt solely in the name of the spouse who is to pay the debt (and closing the account).
If neither of those options are employed, the debt will continue to be technically joint. If the former spouse (the responsible party) does not pay the debt, the creditor has the legal right to seek repayment from the remaining spouse. If one spouse repays a joint debt to the creditor, they would have the legal right to seek repayment from their ex.
This information makes it important to obtain current credit reports at the time of divorce, so that a couple can make a complete assessment of outstanding debts and ensure joint debts are addressed with the creditors as soon as possible. Refinancing a mortgage requires contacting the mortgage company and determining what options may be available at the time of the divorce.
The same is true of lines of credit. Credit card companies vary in their procedures. Some allow an affidavit by the responsible spouse to remove the ex spouse from the debt, and others require payment in full and closure of joint accounts. Again, each company holding a joint debt should be contacted to determine their expectations, so that former spouses can move into their status of being separate individuals again, without entanglements remaining from joint debts they both incurred while married.
