Protecting Your Credit During Divorce
When a marriage ends in divorce, the lives of
those involved are changed forever. During this time of
upheaval, one thing that shouldn’t have to change is the credit
status you’ve worked so hard to achieve.
Unfortunately, for many, the experience is the exact opposite.
Unfulfilled promises to pay bills, the maxing out of credit
cards, and a total breakdown in communication frequently lead to
the annihilation of at least one spouse’s credit. Depending upon
how finances are structured, it can sometimes have a negative
impact on both parties.
The good news is it doesn’t have to be this way. By taking a
proactive approach and creating a specific plan to maintain
one’s credit status, anyone can ensure that “starting over”
doesn’t have to mean rebuilding credit.
The first step for anyone going through a divorce is to obtain
copies of your credit report from the 3 major agencies: Equifax,
Experian®, and TransUnion®. It’s impossible to formulate a plan
without having a complete understanding of the situation. (Once
a year, you may obtain a free credit report by visiting
www.AnnualCreditReport.com.)
Once you’ve gathered the facts, you can begin to address what’s
most important. Create a spreadsheet, and list all of the
accounts that are currently open. For each entry, fill in
columns with the following information: creditor name, contact
number, the account number, type of account (e.g. credit card,
car loan, etc.), account status (e.g. current, past due),
account balance, minimum monthly payment amount, and who is
vested in the account (joint/individual/authorized signer).
Now that you have this information at your fingertips, it’s time
to make a plan.
There are two types of credit accounts, and each is handled
differently during a divorce. The first type is a secured
account, meaning it’s attached to an asset. The most common
secured
accounts are car loans and home mortgages. The second type is an
unsecured account. These accounts are typically credit cards and
charge cards, and they have no assets attached.
When it comes to a secured account, your best option is to sell
the asset. This way the loan is paid off and your name is no
longer attached. The next best option is to refinance the loan.
In other words, one spouse buys out the other. This only works,
however, if the purchasing spouse can qualify for a loan by
themselves and can assume payments on their own. Your last
option is to keep your name on the loan. This is the most risky
option because if you’re not the one making the payment, your
credit is truly vulnerable. If you decide to keep your name on
the loan, make sure your name is also kept on the title. The
worst case scenario is being stuck paying for something that you
do not legally own.
In the case of a mortgage, enlisting the aid of a qualified
mortgage professional is extremely important. This individual
will review your existing home loan along with the equity you’ve
built up and help you to determine the best course of action.
When it comes to unsecured accounts, you will need to act
quickly. It’s important to know which spouse (if not both) is
vested. If you are merely a signer on the account, have your
name removed immediately. If you are the vested party and your
spouse is a signer, have their name removed. Any joint accounts
(both parties vested) that do not carry a balance should be
closed immediately.
If there are jointly vested accounts which carry a balance, your
best option is to have them frozen. This will ensure that no
future charges can be made to the accounts. When an account is
frozen, however, it is frozen for both parties. If you do not
have any credit cards in your name, it is recommended you obtain
one before freezing all of your jointly vested accounts. By
having a card in your own name, you now have the option of
transferring any joint balances into your account, guaranteeing
they’ll get paid.
Ensuring payment on a debt which carries your name is paramount
when it comes to preserving credit. Keep in mind that one 30-day
late payment can drop your credit score as much as 75 points. It
is also important to know that a divorce decree does not
override any agreement you have with a creditor. So, regardless
of which spouse is ordered to pay by the judge, not doing so
will affect the credit score of both parties. The message here
is to not only eliminate all joint accounts, but to do it
quickly.
Divorce is difficult for everyone involved. By taking these
steps, you can ensure that your credit remains intact.
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