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3 Comments on Protecting Your Credit During Divorce
Watch out for the "Separation Agreement" wherein each spouse will agree to pay certain credit accounts, including a mortgage loan payments.
Surprise! Unless the creditor agree to this arrangement, if there is a default, the Separation Agreememtn is meaningless.
Attorneys fail to advise couples of this fact.
I've known several prospective buyers who thought they had no obligation to pay the mortgage since the Separation Agreement said the spouse would pay. Sadly, the loan is still on the credit report and now the prospective buyer can't buy anything.
On several occasions, the spouse needed to refinance to get our buyer's name off the mortgage. Sometimes, however, the remaining spouse can't qualify on their own.
Attorneys are not helping when they leave these credit accounts unresolved following divorce.
Pat,
Great post. I see credit reports every week that have been severely damaged by divorce.
Pat - great post. This one is timely for me. I have a client right now who is trying to do a loan assumption with Wells to get the property (underwater) out of the ex-spouses name.