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Credit and Divorce
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.
Apply for
Unsecured Personal Loans!
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.
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