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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 couples joint accounts. Mary later
found out that the late payments appeared on her credit report.
If you've recently been through a divorceor
are contemplating oneyou 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 benefitsand pitfallsof 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 creditwhether a charge
card or a mortgage loanyou'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 historyand your
spouse'sare 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, younot theyare
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 wont 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.
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