Marriage is a merging of two lives; divorce is when you separate those two lives. This is not a small task. Depending on how long you've been together, you may have to unwind a really messy ball of twine. If you find yourself faced with this task, one of the things you need to remember is your credit. A known fact is, divorce and credit don't mix well. The most important thing you can do is try to keep the lines of communication open but the sad truth is, both could suffer if things go awry. While in most cases you both won't want to talk to each other but you owe it to yourselves to clear things up correctly.
If both parties decide to call the whole thing off, you need to diligently manage all of the existing debts from your marriage. There is an easy way or a hard way to do this. The easy way would be to openly communicate and agree on how things will be settled. The hard way is to play hardball with each other. Of course, this is a really difficult time emotionally and it may not be easy to keep emotions out of any financial discussions. Furthermore, your ex may not make that possible at all. However, you need to make sure things are handled properly and ensure everything gets done correctly.
During or before the divorce proceedings, you should figure out who will be responsible for which debts. You can do this any way you like. The most important thing is that everybody knows what it is they need to take care of. When it comes to dividing up debts, it is a good idea to make the user of the asset the responsible party. IE, suppose you have a home mortgage and an auto loan. So in that case whoever will live in the house should take care of the home mortgage. Whoever will drive the car should take care of the auto loan.
By having the asset user make the payments, you make them the responsible party and they will have an incentive to keep the debt current. If you have a nasty divorce, and you're suppose to make the payments on your spouse's automobile, it can be tempting to withhold payments and wait for the car to get repossessed. Of course, this strategy would damage your credit, though it might be rewarding emotionally.
"Different states have different ways of handling assignment of debts. If you are going through a divorce, it is imperative that you consult with a qualified attorney who knows your state laws. You may be very surprised at how debts are handled and how they affect support payments and asset divisions".
After you have decided who will pay for each of the debts, update the accounts. If you will continue to live in the house and make the mortgage payments, you should be the only one on the mortgage loan. To accomplish this, you can call your lender and ask to have your ex removed from the loan, It may be necessary to refinance the loan, essentially replacing it with a brand new loan. This takes time and money, but you will get both closure and a reduced risk for all parties involved. If there are monetary expenses, figure those into the total divorce settlement. Nobody has to win or lose: you just need to tidy things up.
If you must go through a divorce, hopefully it will be as easy as possible. Ideally, you will come to agreements smoothly and quickly. However, it doesn't always work out that way. If there is any tension in a divorce, you need to be on the lookout for potential dangers to you own credit.
Your marriage is about to dissolve in the divorce court. This is a tremendously emotional time in the lives of both partners. Both will need to learn about how financial issues affect each partner. You may want legal advice to help you with these issues. Finances should be worked out, if at all possible, before the divorce is completed. Credit reports for each partner need to be secured, examined and fixed so that both reports are accurate. When you examine your finances you will e able to see what credit issues need to be decided. If you are jointly responsible for a home mortgage, you may want to sell the home to a stranger. You can also sell the home to your partner. That makes the mortgage no longer a joint responsibility. You will need to also arrange to have other debts such as cars, credit cards, utilities, etc. in one name only. These are decisions that will need to be made by both of you and are not always easy. Credit cards in both names should be changed to one name. Should this not be done and payments to credit card companies stop, it is possible that the companies will insist on payment from the other spouse. The debt could end up in collections and result in messy collection calls. Such a situation can lead back to court and get nasty. Be aware before something negative happens that the poor credit of one spouse can show up on the report of the other, even if divorced. You want to make certain that all cash assets are divided. Then, close all joint checking and savings accounts. One spouse should not be able to get to the accounts of the other. It would be smart to pay off all your joint debts if at all possible even if some things have to be sold. That way you are then only responsible for your own debts. You want to leave the marriage knowing that you have a secure financial base to start the next phase of your life. Financial arrangements will be specifically written into your final divorce decree including the responsible party for debts. However, if any joint debts remain and the decreed responsible party defaults on payment, creditors may still seek payments from the ex spouse. Take care of this possibility.
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