Solve your debt in 5 days or less!
with having to rebuild your own once-good credit.
Close joint accounts by writing to each creditor and
indicating that as of the date of your letter you will not
be responsible for any charges your spouse might run up.
When you get ready to close your joint accounts, remember
that if you want individual credit with the same creditors,
they have the right to require that you reapply for the
credit if your joint accounts were based on your spouse's
income. If the accounts were based on your income, however,
or if either of you could have qualified for the credit at
the time of application you will probably not be required to
reapply.
Avoid negotiating a divorce agreement that allows your
spouse to maintain your joint accounts in exchange for
paying off the outstanding balances on those accounts.
Remember, as long as those joint accounts remain
open-whether you use them or not you will be legally liable
for them regardless of what your divorce agreement says.
Divorce
A spouse who divorces and does not have separate credit in
his or her own name is in a very vulnerable position. If
the joint accounts are kept open, the consumer risks
becoming liable for an ex-spouse's debt. If all joint
accounts are closed or if the consumer no longer is removed
from an authorized user account, the consumer may be left
without ready access to credit at a time when credit can be
especially valuable. However, if you have your own credit
identity separate from a former spouse, access to credit
should be generally unaffected by a divorce-except in the
case of joint account problems. As was noted in the section
on widowhood in Chapter 7, creditors cannot deny a consumer
who shared accounts with a former spouse continued use of
those accounts, nor can creditors change the terms of credit
simply because of a change in marital status. Creditors
can, however, require that you reapply for that credit if
you would not have qualified for the credit on your own at
the time application was first made. In marriages where
there is a significant disparity in earnings between spouses
and the spouse with the smaller income shared accounts with
the other, the person making less money risks losing the
credit.
If you reapply for credit once held jointly or apply for
completely new credit, potential creditors cannot discount
or refuse to consider non-job income such as child support
and alimony. However, they do have the right to request
that you prove the reliability of these sources of income
and can deny a person credit if they judge the income
sources to be unreliable. If you will be relying on non-job
income to help you qualify for credit, it is a good idea to
collect and save any documentation you may have that
supports the reliability of that income. Such documentation
might include: canceled checks, legal documents such as your
divorce agreement, a notarized letter from your ex-spouse,
bank deposit slips, etc.
In evaluating your credit-worthiness, creditors also must
consider the credit history of a former spouse if you can
demonstrate that your former spouse's history reflects your
history too. If that credit history is positive and if you
have no individual credit and never shared credit with your
former spouse, you may want to use this provision to build
your own credit record. However, as we indicated in Chapter
7, this is a long shot.
To demonstrate that a former spouse's history reflects
yours, you may be able to provide copies of checks you wrote
to pay on accounts, letters you may have written to
creditors regarding accounts, etc. If you are on good
terms, you @ may want to ask your former spouse to write a
letter to the potential creditor on your behalf.
If you are a woman and take back your maiden name after a
divorce, be certain to let your creditors know. Ask them to
begin reporting accounting information to credit bureaus in
your new name. Then wait a couple of months, and check your
credit record again to make sure that your creditors are
reporting correctly to credit bureaus.
Bankruptcy after Divorce
In today's economic times, it is not inconceivable for your
former spouse to file for bankruptcy. Bankruptcy law may
wipe out debt that your former spouse owes you as part of
your divorce agreement, but it does not cancel alimony and
child support obligations and does not wipe out tax debts.
A bankruptcy can make it difficult for your former spouse to
make payments, possibly pushing you into bankruptcy too.
Consumers living in community property states face
additional problems. In those states, both parties in a
marriage are jointly liable for any debts that were incurred
during that marriage whether those debts were acquired
individually or together. That means that if a former
spouse, as part of a divorce agreement, promises to pay off
all debt from a marriage and fails to live up to that
agreement, creditors have the legal right to expect payment
from the other party in the now dissolved marriage.
In such a situation, you have two basic options-pay off the
debt and try to save your own credit history, or file for
bankruptcy. If you want to pay off the debt, and if those
financial obligations are sizable, it is advisable that you
try to negotiate a payment schedule with each of your
creditors.
To arrange a workable payment plan, contact each creditor
directly-by letter, telephone or in person. Tell your
creditors what your situation is. Explain that you would
like to meet your obligations but your income is such that
you will need to work out a schedule you that can afford.
If you do not feel comfortable initiating these
negotiations, schedule an appointment with a counselor at
the Consumer Credit Counseling (CCC) office nearest you.
CCC counselors are professionals, have a lot of experience
in creditor negotiations and are well respected by most
creditors.
Do not opt for bankruptcy without giving it a lot of serious
thought. A bankruptcy will remain on your credit record for
up to ten years and will make it even more difficult for you
to build a positive credit record. Before you make a
decision regarding bankruptcy, talk with a CCC counselor so
that you understand all the ramifications of that step, and
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