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A divorce decree does not relieve you from your bills.

If you think your divorce decree can change your obligation to pay back the joint debts you incurred while married, you are wrong.

A divorce decree has no impact whatsoever on your joint debts -- including credit cards, car loans, home mortgages, and lines of credit.

You are responsible for joint accounts.

When a divorce judge orders your ex-spouse to pay a specific bill, you are still legally responsible for paying it if it is a joint account, and your ex-spouse fails to do so.

The credit grantor has a legal right to report negative information about you to a credit bureau if your ex-spouse pays late on a joint account.

If your ex-spouse does not pay at all, the credit grantor can ask you to pay. If you refuse or are unable to pay, the credit grantor can take legal action against you.


If you have not yet separated, protect your good credit.

The first thing to do is perhaps the hardest: "Talk to your soon-to-be ex-spouse."

Even in good times, many couples find it difficult to discuss money and other financial issues. When divorcing, it is more important then ever to make as clean a financial break as possible.

Look at all your debts -- mortgages, car loans, credit card bills, student loans and lines of credit. Did you both benefit equally from the debt or was the "joint" debt really a personal expense? Analyze the debt and decide who should be responsible for each.

Call each of your creditors. Ask them how to transfer your joint debt to the name of the person who will be responsible. (Usually, both of you must sign an agreement with the credit grantor to release one of you from liability.) Creditors do not have to agree, and they may defer a decision until you prove you can handle the payments alone.

Or, close all your joint accounts and open new accounts in your individual names. If your joint accounts have balances, obtain individual consolidation loans. Use the proceeds to pay off your joint accounts, then close them.

Keep paying all your bills.

During divorce negotiations, keep sending in at least the minimum payment due on your joint bills, even if it means paying bills that you ultimately will have no responsibility for.

If you do not, the missed payments will be posted to both of your credit reports and can be reported up to seven years, even if you later pay the amount in full. That will make it more difficult for you to obtain new credit in your own name, and your creditors could become more reluctant to release you or your ex-spouse from liability on your joint accounts.

Different credit grantors have different policies regarding divorcing couple and joint accounts. That is why you need to "contact each one of your creditors" and discuss whether you or your ex-spouse will have ongoing liability for each of your accounts.

Talk to your creditors.

Ask each of your credit grantors how to remove your name or your spouse's name as an authorized user. Creditor grantors do not have to honor your request, but some will if you can prove that one of you is the sole user of the account.

Ask credit grantors to close your joint accounts to all new charges.

You also may want to notify your creditors, in writing, that you are not responsible for the debts of your soon-to-be ex after a specific date. Keep a copy for your records, and consider sending the original by certifies mail.


Establish credit independently for yourself.

To establish credit individually for the first time, start small and build up.

A local department store or local lending institution is a good first step. Even if you do not have other credit, you may be able to obtain a credit card with a small credit limit.

Pay your bills on time.

When you get the card or loan, use it. Consistently pay your bills on time. Each month, your credit grantor will report this information to the credit bureau. In this way, you will establish a history of responsible credit use. Use only credit grantors who report to "credit bureaus."


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