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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