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CREDIT AND DIVORCE

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NIFE
Steve and Jane recently divorced. Their
divorce decree stated that Steve would
pay the balances on their three joint
credit card accounts. Months later, after
Steve neglected to pay off these
accounts, all three creditors contacted
Jane 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 Jane was still legally
responsible for paying off the couple’s
joint accounts. Jane 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: The creditor considers your income, assets, and credit
history. 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 (e.g. 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 yours (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.


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