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In divorce proceedings? If joint credit is primarily in your spouse's name, you may find it difficult to obtain credit alone.
Important things to know about divorce decrees & credit. A divorce decree can endanger credit, and joint debts remain joint debts. Re-assigning debt in divorce decrees does not relieve a spouse of debt responsibility.
Joint debts remain joint debts. Both spouses signed a legally binding contract with the creditor, and a divorce decree neither amends this contract nor relieves the creditor's investment in you. Amendment of any contract requires agreement by all parties, including the creditor, and proof of the amendment requires the signature of all parties. During a divorce, the creditors are not part of the divorce courts, and therefore the original agreements/contracts stand.
If you have a joint financial obligation with your ex-spouse, and your divorce decree states that your ex-spouse is responsible, and your ex-spouse is delinquent on paying, your credit as well as his/hers is affected. As is stated above, your legal responsibility for a debt does not go away because a divorce decree assigns responsibility for a debt to your ex-spouse. Along with a legal responsibility to pay comes the right of the creditor to report a debt delinquent on your credit report if it's not paid as agreed in the original contract.
Especially tragic are situations where one ex-spouse files bankruptcy and includes many joint debts in the bankruptcy. The spouse not filing bankruptcy is left holding the bag for these joint debts, and many times they're not notified of the ex-spouse's filing until months or years down the road when it's too late to correct the situation. So not only is the spouse who didn't file responsible for the unpaid debts and can be legally sued for them, but the non-filing bankruptcy spouse's credit is also ruined, something that cannot be corrected, as the credit bureaus have the right to report them delinquent.
The purpose of divorce is to split off emotionally and financially from your ex-spouse. If you aren't careful, your spouse's handling of your once-joint accounts can haunt for years. If you had joint debts which existed before your divorce, and these accounts are not both paid off and closed, you're just asking for trouble. Also, although some divorcing couples are definitely out to get each other, most problems with joint accounts prior to divorce are caused by ignorance, not malicious intent. Don't think that just because your split is amicable that problems can't occur. Taking precautions can protect BOTH of you. Order a credit report and review all outstanding debts.
More credit articles related to divorce:
Need more information? Read our financial and credit articles related to joint credit, and join our online financial newsletter. Credit Card Debts And Divorce
When divorce happens it can affect both partners' credit and finances. Handling joint debts in a divorce can be very stressful when an ex-spouse decides to ruin your credit. It can be beneficial when partners establish their own accounts instead of having all joint accounts. Joint accounts can't be closed until they are paid off and all account holders are responsible for the debts. Joint account holders will be affected by any negative or positive information reported on credit reports.
If you are able to discuss debts decently during a divorce, you could divide the debts, pay them off and then close all joint accounts. Unfortunately many times one partner wants to ruin the other and will max out joint credit card accounts. They sometimes like their partner's credit to be ruined and they don't care if the debts are not paid. The best thing is to strive to close all joint accounts as soon as possible.
Creditors you owe are not bound by the court's decisions and will pursue the names on the account for the debt owed. The court will make a judgment if partners can't agree about debts. Many times one partner does not know that the other opened joint accounts. It is wise to order credit reports to check if your name is on any secret accounts without your knowledge.
Monitor your credit reports often during and after a divorce as your partner knows your social security number. They could try to get credit cards in your name or as a co-signer. Consumers get three free credit reports each year, one from each of the major credit bureaus. Order them and watch for unfamiliar accounts. Constantly monitor your reports until the divorce is over and you are sure accounts have been closed or separated. It can be a good idea to do it for a year after a divorce.
Having a credit card is beneficial so being a good financial manager can have its rewards if you are ever faced with a divorce and have joint accounts. Keep credit card debt to a minimum, have individual credit card accounts, limit joint accounts, and pay off debts in a timely manner to try to avoid some financial problems due to a divorce. |
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