Debt And Divorce - The Bitter TruthDebt and divorce go hand-in-hand like peaches and cream, only it's definitely not so sweet. If you've been married for any length of time, it's almost certain that you and your spouse have some marital debts. How these are handled during your divorce can make a big impact on your credit long after the two of you split. Where You Live Can Determine Your Debt Responsibility If you live in a community property state, both spouses may held be liable for debts incurred during the marriage, regardless of whose name is on the account. For example, one woman had to pay off a debt that she knew nothing about (her husband had opened this account in his own name during the marriage). I know, it's not fair, but that's the way the credit laws work for such states. This is something you really need to take into consideration if you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin. If you do live in a community property state, be sure that your divorce decree includes a provision that will indemnify you if your ex defaults on a separate account. Joint credit accounts are the responsibility of both spouses When two people apply for credit together, each is responsible for repaying the debt. This is true even if your divorce decree assigns the debt to your spouse. If an account goes into default due to non-payment, both spouses will be held liable since creditors are not bound by a divorce decree. On top of that, your credit score will drop, which will make getting credit in the future harder. With this in mind, if you maintain joint accounts during or after your divorce, be sure to make regular payments so that your credit score won't suffer. As long as there's an outstanding balance on a joint account, both of you are responsible for it. How to handle joint debts You should also consider closing joint accounts that were opened in both of your names, as well as removing your spouse as an authorized user on your own accounts. You can also ask the creditor to convert these accounts to individual accounts. Since creditors aren't obligated to convert such accounts, you may need to apply for credit on an individual basis. The creditor will then extend or deny you credit based on your new application. Ideally, you should pay off as many joint debts as possible before the divorce is finalized. This makes settlement negotiations easier and helps make for a cleaner break. If paying off the debts or converting joint accounts to individual accounts isn't possible, then you want to make sure to monitor the accounts that you are responsible for. If you notice that payments are being made late, you might consider making the payments yourself to protect your credit. After all, bad marks can stay on your credit report for seven years, and do you really want to be reminded of your ex for that long? ©Tracy Achen 2008 At WomansDivorce.com we have one focus - helping women survive their divorce and rebuild their lives. Get more information about how to protect yourself during divorce in Divorce4Women: Everything You Need To Know About Getting A Divorce. Now that you understand some of the general issues surrounding debt and divorce, dive in a little further to learn how to best handle the debt division, as well as how to protect your credit during divorce in the following articles:
Divorce and Credit Card Debt Home / Other Articles / Divorce Guide / State Resources Books / Store / Contact Us / Chat / Privacy / Links / Newsletter 
|
