Important Things to Know About Divorce and Credit
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.
You may order a free credit report copy at www.creditfederal.com/credit-report.html
Article by Toni Phelps of CreditFederal.com. More information about credit after divorce: joint mortgage loan, joint auto loan, and joint credit cards
MORE RESOURCES:
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Credit card proposal may get vote in Congress CNNMoney.com - NEW YORK (Associated Press) - Deepening economic distress and concern over consumer debt could help legislation that would overhaul practices of credit card ... |
Ill. credit unions help with college aid Chicago Tribune, United States - AP CHICAGO - Authorities say eight Illinois credit unions are stepping up to plug college funding gaps wrought by the credit crunch for student tuition aid. ... Ill. Credit Unions Help With College Aid State Secures More For Student Loans Illinois Offers $100 Million College Assistance Fund |
Impact of the Credit Crunch on UK Mortgage Product Structures MarketWatch - Although it is unlikely to recover to pre-credit crunch levels, the mortgage market needs to stabilize in order for a traditional and affordable mortgage ... |
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Credit due to the man who helps us beat the cheats Telegraph.co.uk, United Kingdom - Experian, the credit-checking giant, had just demerged successfully from its unlikely GUS stablemate, the catalogue retailer Argos, and Robert was a new ... New Experian Research Highlights the Effects of the Mortgage ... |
A Report on the UK Consumer Credit Market in 2007 and an Analysis ... MarketWatch - The UK consumer credit market has continued to contract in 2007, as various issues such as the liquidity squeeze, high personal debt levels and weaker ... |
Credit freeze helps thwart ID thieves Arizona Republic, AZ - OK, so you'll never see Credit Freeze in a comic book battle of good against evil wearing a cape and long underwear. But like other superheroes, ... ID protection can be do-it-yourself |
Henry Schein Announces New $400 Million Credit Facility MarketWatch - This new facility, which matures in September 2013, replaces Henry Schein's current $300 million revolving credit facility, which was scheduled to mature in ... |
 CCTV | New CEOs Are Untainted by Credit Woes Wall Street Journal - Herbert M. Allison Jr. and David Moffett were on a short list of financial-services executives untarnished by the credit-market troubles. ... Video: Feds Take Over Mortgage Giants Paulson Taps Allison, Moffett to Run Fannie, Freddie (Update1) Few Stand to Gain on This Bailout, and Many Lose |
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