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When a couple decides upon having a divorce they need to take great care in protecting their individual credit. Debt that is gained during a marriage doesn’t go away when a couple decides to separate. If the divorce is civil in nature, then the couple can come up with a plan of action when it concerns their collected debt.
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In order to assure that your credit is not ruined or marred upon separation, a couple should first honestly and openly create an outline of their debt. All accounts that are open and all accounts that may have been closed and turned over for collection should be brought to light and laid out.
When looking at the incurred debt a couple should first discuss how they can pay off the debt and the time frame they feel that this debt can be closed.
All joint accounts that were created in the names of both parties should be closed immediately and should then be paid off. The best method of doing so is to discuss what will be done with the couples assets. If a couple has agreed that they will sell various items or properties that they acquired as a couple, they can agree that the money made will first be used to pay off these debts.
Failure to pay off debts gained during marriage, can cause harm to both persons individual credit. Making it impossible for each of them to open new accounts in the future following the divorce. This is why it is important that both parties be involved in the discussion and problem solving of all debt matters that occurred during the marriage.
Once a plan of action has been agreed upon by both individuals within the marriage, it should then be put into writing. This should be done to protect both parties. You never want to go on the word of the other party alone, regardless if you are separating on good terms or not. Bitterness and jealousy can later blossom and one party may feel that they no longer wish to concern themselves with the debt. However, if it is put in writing, agreed upon, and signed; then both parties will be bound to the agreement.
Some couples will pay off portions of the debt prior to the divorce and will then agree that one individual will have more responsibility in paying off the debt as part of the settlement.
For instance, if one member of the divorce is getting a major property such as a house out of the divorce, then that person should also receive a greater portion of the debt due to the fact that have received greater goods and/or assets.
Most often it is best for both parties to contact a lawyer and present them with the debt and ask how they should best take care of it. This way both parties are legally protected and one of them will not be stuck with the floating the bill.