Home

  Online Reports
  -Why Check?
  -Your Report
  -Free Reports
  -Single Report
  -3 Bureau Reports

  Credit Scoring
  -About Credit Score

  Reasons to Check
  -Electronic Fingerprint
  -Dispute Errors
  -Future Financing

  Other Info
  -Credit & Divorce
  -Correcting Errors
  -Improving Credit
  -Credit Repair Firms
  -Credit Fraud
  -Check Regularly
  -FAQ's

 


Credit and Divorce

Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple’s joint accounts. Mary later found out that the late payments appeared on her credit report.

If you've recently been through a divorce—or are contemplating one—you may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefits—and pitfalls—of each.

There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit—whether a charge card or a mortgage loan—you'll be asked to select one type.

Individual or Joint Account

Individual Account: Your income, assets, and credit history are considered by the creditor. Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any "authorized" user. However, if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you and your spouse may be responsible for debts incurred during the marriage, and the individual debts of one spouse may appear on the credit report of the other.

Advantages/Disadvantages: If you're not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse's income. But if you open an account in your name and are responsible, no one can negatively affect your credit record.

Joint Account: Your income, financial assets, and credit history—and your spouse's—are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977).

Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don't pay them can hurt their ex-partner's credit histories on jointly-held accounts.

Account "Users"
If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse's name as well as in your's (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you—not they—are contractually liable for paying the debt.

If You Divorce
If you're considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it's important to make regular payments so your credit record won’t suffer. As long as there's an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Or ask the creditor to convert these accounts to individual accounts.

By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.



OTHER ARTICLES
Applying for a Loan
Check Report Regularly?
Choosing Credit Counselor
Correcting Report Errors
Cosigning a Loan
Credit and Divorce
Credit Card Blocking
Credit Practices Rule
Credit Reports
Credit Score
Dispute Report Errors
Fair Credit Billing
Fair Credit Reporting
Fair Debt Collection
Free Credit Report
Credit over 62 years
Getting Loan Home Security
Gold and Platinum Cards
High Rate - High Fee Loans
Home Equity Credit Lines
Home Equity Loans
Home Equity Scams
Improving Credit
Knee Deep in Debt
Major Events Imact Credit
Mortgage Discrimination
Need a Loan - Think Twice
Negative Credit - Job Search
New ID - Bad Idea
Out of Work
Payday Loans = Costly Cash
Prepair for Future
Prevent Credit Fraud
Privacy Policy
Ready - Set - Credit
Refinancing Your Home
Reverse Mortages
Credit Marketing Scams
Stolen Identity
Utility Credit
Why Check
Your Credit Report


Home | Site Map | Privacy Policy | Espanol | Links | Contact Us

Copyright © 2001 Credit-Report-Online-Free.com - All Rights Reserved.
Users of this site agree to the terms outlined in the site Terms of Use agreement.