Monday March 22, 2010 3:35 AM ET
SmartMoney
Published December 26, 2006  |  A A A
Marriage & Divorce by Aleksandra Todorova (Author Archive)

Credit Histories Can Stay Married Long After Divorce

IN RETROSPECT, Sandra Scott shouldn't have let her ex-husband keep the house. When the two divorced in June 2005, they decided he would continue living there with their daughter. The plan? For him to refinance the property within 90 days of the divorce and become the sole debtor on the mortgage.

That never happened. Now mortgage payments have been late or not sent at all, and the house is in foreclosure.

The result: Scott's credit is in shambles. "I'm pretty strapped," says the 43-year-old, whose name we've changed due to privacy concerns. She now lives with a friend and can't take on a mortgage of her own, as she is still the primary holder on the old one. "My credit — what I'm responsible for — is impeccable. What he is responsible for, still in my name, has ruined everything good that I've done."

It's a predicament faced by many former couples today. The marriage may be over and the divorce papers long signed, but one strong bond remains: the credit they once took on together. That can cause trouble for either spouse if the other handles a joint account irresponsibly. Late payments on an account can drag down your credit score, even if your divorce decree says you're no longer responsible for the debt, says Gerri Detweiler, a credit educator and author of "The Ultimate Credit Handbook."

And should one ex-spouse stop paying altogether, the creditor can go after the other for the balance. Fact is, even if the divorce decree spells out clearly who is responsible for what after the divorce, the lender doesn't really care about it, says John Ulzheimer, president of Credit.com Educational Services, a consumer-education web site. "The divorce decree doesn't override the original contract with the creditor," he says. "They'll go after both parties, with equal vigor, just as if they weren't divorced."

That's exactly why 60-year-old Eva Cornell (not her real name) of Charlotte, N.C., is paying off two of her ex-husband's credit cards. "There were court orders for him to pay them, but they're still in my name," she says. Because her ex is an air force pilot who spends a lot of time overseas and, as a result, is frequently late with bill payments, Cornell's credit score with one of the bureaus has plummeted down to 540, a subprime level that could disqualify her from getting loans altogether. To remedy her credit, Cornell recently called the issuers and asked that the statements be sent to her address. "If the scoring system does not allow for something that's actually a legal court order, what the heck do you do?" she asks. She is now paying off $10,000 in balances.

And then there are puzzling credit mix-up cases like Suzanne Lewis, 57, of Elmwood Park, N.J. Separated since 1991 and divorced since 1995, she and her ex don't speak, save for an obligatory "hello" at the occasional family function. But when several months ago, Lewis pulled her credit report for the first time, she was shocked to find her ex was still very much present in her credit file: His address — where she's never lived — was listed as her own, as were two of his individual credit-card accounts.

Because the accounts weren't hers — the credit bureau confirmed they were her ex's — Lewis had the errors removed with no harm done to her credit. "Luckily, he's a very good payer, so I've never had problems," she says. But if his accounts are on her report, she asks, what are the chances hers are on his report? "I just don't like him seeing how much my mortgage is, that's none of his business," she says. "And I don't want to see his personal business. I don't care about him."

1
2
Next

Follow SmartMoney on Facebook, Twitter & More: Facebook Twitter
Bookmark and Share RSS
Order ReprintsOrder Reprints
User Comments
Posted by: chretienne
I let my ex stay in the house on the promise that he'd refi ASAP. He didn't, and 7 years later I'm still on the hook.
Advertisements
 
Retrieving data...