| When Divorce Happens - Understanding The Financial Issues |
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When Divorce Happens - Understanding The Financial Issues
The following article is one of a series of articles which focus on bringing you great content, tips and a lot more
about Divorce and Saving Your Marriage.
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value.
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A couple recently divorced. Their Divorce Decree stated
that the husband would pay the balances on their three joint credit card accounts. Months later, after he neglected to pay
off these accounts, all three creditors contacted the wife 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 the wife was still legally responsible for paying off the couple's joint accounts. She later found out that the late
payments appeared on her credit report.
You may want to look closely at issues involving credit if you've recently been through a divorce - or are contemplating
one. Understanding the Different Kinds of credit accounts opened during a marriage may help show you 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 either an
individual or a joint account.
Individual Account
The creditor considers your income, assets, and credit history. 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. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada,
New Mexico, Texas, Washington, or Wisconsin) 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.
========SIDEBAR========
Although this article has a number of references to America and its different states, this should not detract from the
value of the article as divorce in any country will bring its own financial challenges. Just make sure you fully understand
the legal situation in your country.
======END SIDEBAR======
Joint Account
The income, financial assets, and credit history of you and your spouse 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 rule
continues to rule your credit score, 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, it will be reported in both of your names 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 yourself are contractually liable for paying the
debt. If you are Thinking About Divorce, examine the status of your credit accounts, because if you maintain joint
accounts during this time, it's important to make regular payments so your credit record won't suffer. Remember that
if there's an Outstanding Balance on a joint account, you and your spouse are responsible for it. Therefore, if divorce,
you may want to close joint accounts or accounts in which your former spouse was an authorized user.
You could also 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 also is not
required to change joint accounts to individual accounts and could 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.
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their
complicated period of life. Website: www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com
Please remember, if you feel that we need to include more material and other articles on Divorce and Marriage
topics or you wish to submit an article yourself, Contact Us Here.
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