September 21, 2024
Business

Bad credit can linger after end of marriage

George Tinkman (not his real name) of Belfast writes, “I just divorced my spendthrift Harpy of a wife who accumulated a stack of credit card debt, insisted on managing our bills, and never paid on time. Now my credit is shot. Is there anything I can do?”

Well, George, we forgive your bitterness, but can’t help you much this time. But if you decide to marry again in the future, keep this article handy.

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.

In an individual account your income, assets and credit history are considered. 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. 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.

If you 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 solely in your name and are responsible, no one else can affect your credit record negatively.

In a joint account, your income and financial assets and the credit histories of you and your spouse are all considered and you both are responsible for the debt. 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.

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. Sorry, George, that’s you!

If you open an individual account and name your spouse as an authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse’s name or any other authorized user as well as in your name.

If you’re considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during a “War of the Roses,” it’s important to continue 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 both responsible.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user or convert them to individual accounts.

By law, a creditor cannot automatically close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor does not have to change joint accounts to individual accounts, but 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.

So George, you will have to learn from sad experience. The next time, consider a pre-nuptial agreement, and make paying bills a family affair so you can be certain they are kept current.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-The Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. For help or to request individual or business membership information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.


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