Credit Card Debt and DivorceWho Gets Stuck with the Credit Card?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... |
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Debt and Divorce |
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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 Joint Account.
Individual
Account
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.
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Credit Care Sections |
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. If you open an account in your name and are responsible, no one can negatively affect your credit record.
Joint
Account 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. When two people apply 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 history on jointly held accounts. Account
"Users" 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 divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. You may 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. On that basis, the creditor may 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.
For More Information You can
file a complaint with the FTC by contacting the Consumer Response
Center by phone: toll-free 1-877-FTC-HELP
(382-4357); TDD: 202-326-2502; by mail: Consumer Response
Center, Federal Trade Commission, 600 Pennsylvania Ave, NW,
Washington, DC 20580; or through the Internet, using the online complaint form. Although the
Commission cannot resolve individual problems for consumers,
it can act against a company if it sees a pattern of possible
law violations. This document was written by the FTC. |