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 couple's joint accounts. Mary 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: 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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