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Your bankruptcy will hurt spouse's credit

Dr. Don TaylorDear Dr. Don,
I want to file bankruptcy and I am married. Do you think my husband's credit will be affected also? -- Mindful Meriniza

Dear Meriniza,
Married couples have separate credit histories, but joint credit obligations show up on both spouses' credit reports. A married person who is an authorized user on a spouse's credit card account will have that payment history on his (or her) credit report, too. Unless you have kept your finances completely separate, his credit will be impacted.

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In community property states, debts taken on in the marriage are presumed to be joint obligations. The community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. If you live in one of these states, it will be even harder to keep your husband's credit unaffected.

Both of you should pull your current credit reports to see if there are overlapping accounts. Depending on where you live, you may already qualify to receive free credit reports, but you should take this step even if you need to pay for the reports. See Bankrate's feature, "Credit reports: Get one free," for more information.

A bankruptcy bill has been passed by Congress and is awaiting the President's signature. Once signed, the bill's provisions become effective in six months. The bankruptcy courts will see a lot of new cases as petitioners look to file under the existing law. Don't dawdle. Talk to a bankruptcy attorney about your case to determine if you should file on your own or a joint petition with your spouse.

 
-- Posted: April 21, 2005
     

 

 
 

 

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