Credit after Divorce

It’s important to remember that credit grantors have different policies when it comes to divorced couples and joint accounts. Be sure to contact each of your creditors individually to discuss whether you or your ex-spouse will have ongoing liability for the accounts.

Also, ask them how to transfer your joint debt to the name of the person who will be responsible (usually, this means signing an agreement with the credit grantor to release one of you from liability). The creditors may not agree right away. In fact, they have every right to defer a decision until you prove you can handle the payments alone. Nevertheless, this is a smart step to take to protect yourself from new liability and start reestablishing credit as an individual.

If your spouse runs up large amounts of debt, close whatever accounts you have to prevent future charges as soon as possible. Then inform all creditors, in writing, that you are not responsible for these debts after a certain date. Be sure to keep a copy for your records, and consider sending the original letter via certified mail. While this may not prevent creditors from trying to collect, it does show that you at least attempted to act responsibly. Remember, even if your name is taken off an account, and even if the account is closed to prevent future charges, you might still have legal responsibility to pay existing balances. While this may seem unfair since it was your ex who did the spending, it’s perfectly legal. That’s why it’s important to close your joint accounts as soon as you can.

If you have a good credit history, open new accounts in your individual name. If your joint accounts have balances, obtain individual consolidation loans. Use the individual loans to pay off your joint accounts, then close the joint accounts. You’ll each be solely responsible for paying off your individual loans – and you’ll be safe from having your ex negatively affecting your credit.

The Top Five Consumer Credit Scams

Credit repair. Credit-repair companies run advertisements in newspapers, radio, TV, and the Internet, offering consumers assistance, for a price, to clean up their credit histories. The Federal Trade Commission (FTC) warns that many of the claims these companies make—that they can remove judgments, liens, and other unfavorable information from credit records, are false. They cannot legally remove accurate negative information from a credit report and any legitimate help they can offer can be pursued by consumers themselves, at little or no cost.

Advance-fee loans. The lenders appeal to consumers who, based on their credit history, can’t get a loan. The scammers falsely promise that for an advance payment, even consumers with bad credit histories can get a loan. Some of these lenders make money through the 900 numbers that charge consumers who call to find out about the loans. Others simply charge consumers a fee for a loan that is never delivered.

Home equity. Unscrupulous lenders target consumers who have good credit, but have a bad cash flow. They offer credit based not on income or the ability to repay, but on the equity of the home. Exploitative lenders may take advantage of the borrower by abusive practices such as “loan flipping” by repeatedly talking the borrower into refinancing the loan, which adds to the cost of the debt. If you don’t have enough income to make the monthly payments, you will probably lose your home, as many consumers do through these schemes.

Identity theft. This crime occurs when con artists steal credit card numbers, social security numbers, mother’s maiden names, or other personally-identifying information without one’s knowledge, to tap into the good credit histories of consumers. They then set up new credit accounts, charge purchases to existing accounts, or drain bank accounts. Frequently, consumers don’t know that their credit identities have been stolen until they get bills for credit card accounts that they never opened, see charges on their bills that they didn’t know anything about, or discover that their bank accounts have been fraudulently accessed.

Congress passed the Identity Theft and Assumption Deterrence Act of 1998, which makes it a federal crime to knowingly transfer or use another person’s means of identification to commit any unlawful activity.

File segregation. This is a relatively new scam that could get you fined or sentenced to jail time if you use it. It is an illegal scheme used by credit-repair companies to encourage consumers with unfavorable credit histories to obtain new taxpayer identification or employer identification numbers from the Internal Revenue Service under false pretenses and use them to hide their true credit identities from creditors. For a fee, the companies promise advice on how to go about segregating their credit files. File segregation is illegal and consumers who employ it are committing a felony.

Credit report tips

Here are some tips for keeping up with your credit record, provided by Steven Katz, spokesman for Chicago-based TransUnion and its TrueCredit.com Web site:

• If you have a disputed item on your report, contact the party in question yourself, then the credit bureau. This shows that you have been trying to get the matter resolved.

• Most people don’t know they are entitled to one free credit report every 12 months from each of the three big companies that do credit checks. You can ask for another report for the same bureau 12 months after getting the prior one. All provide a report, but not a rating. For that you have to pay a small fee, typically about $8.

• Katz suggests you check your report more than once a year, which can be done by staggering the reports from each service. The firms offer packages for a monthly fee that allow access to all reports and scores.

• Check to see if everything on the report looks familiar and that your name and address are listed correctly.

• Make sure the inquiries into your credit appear accurate (from places you have applied for credit or companies with which you have credit).

• For disputes, register your complaint online or by phone. For TransUnion you can talk to a representative by calling (800) 916-8800.

• Katz noted the following things can impact your credit rating:

1. Making late payments.

2. Keeping credit card balances more than 35 percent of the credit limit set for the card.

3. Excessive “hard” inquiries into your credit (such as getting too much instant credit while Christmas shopping by filling out on-the-spot applications at malls).

4. Closing longer-held credit cards than newer ones, which eliminates an established payment history from your record.

5. Above all, Katz said to “manage your credit like your health. It’s better to look now and deal with what might be, than to put off addressing potential problems.”