Divorce decrees, joint debts and assets. Who pays?

  Divorce decrees, joint debts and assets. Who pays?


In divorce proceedings?  If joint credit is primarily in your spouse's name, you may find it difficult to obtain credit alone.

 

Important things to know about divorce decrees & credit. A divorce decree can endanger credit, and joint debts remain joint debts. Re-assigning debt in divorce decrees does not relieve a spouse of debt responsibility. If you cannot payoff debts, consider spouse debt negotiation.

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Joint debts remain joint debts. Both spouses signed a legally binding contract with the creditor, and a divorce decree neither amends this contract nor relieves the creditor's investment in you. Amendment of any contract requires agreement by all parties, including the creditor, and proof of the amendment requires the signature of all parties. During a divorce, the creditors are not part of the divorce courts, and therefore the original agreements/contracts stand.

 

If you have a joint financial obligation with your ex-spouse, and your divorce decree states that your ex-spouse is responsible, and your ex-spouse is delinquent on paying, your credit as well as his/hers is affected. As is stated above, your legal responsibility for a debt does not go away because a divorce decree assigns responsibility for a debt to your ex-spouse. Along with a legal responsibility to pay comes the right of the creditor to report a debt delinquent on your credit report if it's not paid as agreed in the original contract.

 

Especially tragic are situations where one ex-spouse files bankruptcy and includes many joint debts in the bankruptcy. The spouse not filing bankruptcy is left holding the bag for these joint debts, and many times they're not notified of the ex-spouse's filing until months or years down the road when it's too late to correct the situation. So not only is the spouse who didn't file responsible for the unpaid debts and can be legally sued for them, but the non-filing bankruptcy spouse's credit is also ruined, something that cannot be corrected, as the credit bureaus have the right to report them delinquent.

 

The purpose of divorce is to split off emotionally and financially from your ex-spouse. If you aren't careful, your spouse's handling of your once-joint accounts can haunt for years. If you had joint debts which existed before your divorce, and these accounts are not both paid off and closed, you're just asking for trouble. Also, although some divorcing couples are definitely out to get each other, most problems with joint accounts prior to divorce are caused by ignorance, not malicious intent. Don't think that just because your split is amicable that problems can't occur. Taking precautions can protect BOTH of you. Order a credit report and review all outstanding debts.

 

More credit articles related to divorce:
joint mortgage loan  joint auto loan    joint credit cards

 

 

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Debt

 

Sometimes there is some emotional conflict when people try to decide which way to go about paying down debts. They wonder if they should pay off bills with the highest interest rates first, or pay off the smaller bills. Deciding to start with the smallest bills, can help to get going on the task and be more motivated. There is a good feeling to know one debt has been paid in full and something is getting accomplished. Setting goals to get debts paid off, must begin with changing behavior. This means spending money wisely. Knowing the bills must be paid is one thing, but actually getting it done can be harder. By paying off a small debt, it may encourage more good intentions to continue to get out of debt.

 

To get started, target one small debt and try to pay more than what is required each month. Consider paying something weekly, in addition to making the regular payment on time. It is surprising how you begin to see your efforts pay off. Keep a list of the small debts and the order in which to pay each one in full, and mark them off the list as it is done. Seeing the results of every small bill paid, will be uplifting. Keeping the list with each debt scratched off, will remind you how hard you have worked and how far you must go to finish the job.

 

Getting into debt is fun and easy, getting out of debt is stressful and requires a plan of action. Before spending one dollar, ask yourself if the expense is wasteful and if you can live without spending your hard earned money. If the answer is that you can live without spending the money, you will realize you now have more money left to pay down more of the bills. Keep sending in money for bills and keep getting closer to being out of debt. When help is needed, consider seeking a professional for advice and debt counseling.




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ThePiggyBanker.com Review - Copyright © 2008 ThePiggyBanker.com. All rights reserved.

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Joint credit report debt, loan and credit card bills. Marriage and even a divorce decree can cause bad credit due to a spouse's action.
Protect yourself from ex-spouse credit fraud and identity theft. It may be wise to place a credit report freeze after divorce.
Who pays joint spouse debt after divorce or during marriage separation? What are creditor and law rules? Before divorcing, settle debts either with a payoff loan, debt settlement chargeoff, or refinance debt in one spouse's name.
Using a credit freeze to lock access to Transunion, Experian and Equifax credit report bureau information as security to protect against identity theft fraud, as well as divorce and spouse actions.
Facts about Divorce and Paying Debts on an Individual or a Joint Spouse Account.
Marriage and Divorce: Should you do a credit check on your fiance? Free tips about a joint credit score, and how debt affects married or divorced couples. Start a joint budget.
Joint credit report debt, loan and credit card bills. Marriage and even a divorce decree can cause bad credit due to a spouse's action.
Manage joint credit accounts and tips to protect against ex spouse abuse.
Information about applying for and getting out of joint credit card debt. Submit a joint credit card account application or apply for joint spouse debt settlement.
You may be surprised to learn who pays joint credit card accounts. Options to cancel a joint account or to remove a spouse name from a joint account, including payoff and negotiating a debt settlement.
Who pays joint spouse debt after divorce or during marriage separation? What are creditor and law rules? Before divorcing, settle debts either with a payoff loan, debt settlement chargeoff, or refinance debt in one spouse's name.
Wedlock could be Debt lock. Avoiding and recovering from joint marriage debt caused by a spouse. Consider a credit card debt consolidation loan.
Marriage and Divorce: Should you do a credit check on your fiance? Free tips about a joint credit score, and how debt affects married or divorced couples. Start a joint budget.
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SHOULD I BUY TERM LIFE OR WHOLE LIFE INSURANCE - WHICH IS BETTER? No one life insurance product is better than the other and you'd be best served to talk with a specialist who can help you to determine what is best for you based on a variety of factors.

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