Friday, January 31, 2003

Is My Husband's Debt Mine?

Tying the knot with your partner does not necessarily mean you need to take on his debt or credit history. As long as you keep separate finances during the marriage, your spouse's previous debt will not affect your credit score.

Joining Finances

    As soon as you and your spouse open a joint account his credit score will affect yours, and vice versa. Your spouse's previous debt and credit history will affect your ability to qualify for loans, including a mortgage.

Account Users

    Authorizing your spouse on any of your accounts is not the same as holding a joint account. This kind of arrangement can make things easier if your spouse does not qualify for credit reasons, but you remain liable for debt incurred in the event the marriage ends.

Divorce

    Most states recognize that an individual's debt acquired prior to marriage does not become joint debt should the marriage dissolve.

Debt While Separated

    Debt incurred after a date of separation can be considered joint debt. In these cases, it is up to a judge to decide which party is responsible.

Debt and Divorce Decree

    Even if a judge has decreed who is responsible to pay any debt incurred while married, your creditors are not bound to follow that decree. They will expect whomever is on the account to pay the debt.

Community Property

    Be aware that nine states--Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Wisconsin, Washington--are known as community property states. If you live in one of these states, "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," according to the Federal Trade Commission.

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