Is your relationship changing? Are you concerned that debt issues could cause problems as you transition into a new phase?
Here’s what you should know.
Shared or joint debt refers to any obligation where two people are legally responsible for repayment. This can include jointly opened credit cards, co-signed loans, or debts incurred for shared expenses.
Even if only one person uses the account, both parties may remain legally liable.
Some people assume that the relationship change alters who’s responsible for the debt. This is rarely the case, at least not without court intervention.
Creditors are not bound by personal agreements or relationship status. If both names are on the account, both parties remain responsible, regardless of who agreed to pay the bill after a breakup.
This can create problems when one person stops making payments. Missed payments affect both credit reports, and creditors can pursue either party for the full balance.
During divorce proceedings, courts may divide marital debt between spouses. This division may feel fair on paper, but it does not change the creditor’s rights. If a court orders one spouse to pay a joint credit card and that spouse defaults, the creditor can still pursue the other spouse.
This is something that often surprises people. It also explains why joint debt issues frequently resurface long after a divorce is finalized.
Relationship changes often coincide with financial strain. If someone moves out, it affects household income. If you’re the party that moved out, you could now be saddled with additional living expenses.
In these situations, one or both parties may consider bankruptcy.
When joint debt exists, bankruptcy decisions require careful coordination. One person filing may temporarily relieve collection pressure, but it does not eliminate the debt for the non-filing party. In some cases, both parties filing may make sense. In others, alternative strategies may better protect assets and credit.
Joint debt continues to affect both parties’ credit until it is paid, refinanced, or discharged in bankruptcy. Even after a relationship ends, financial ties can linger through shared accounts.
It can help to close joint accounts or try refinancing a joint loan under one person. Some people just choose to pay off joint debts before divorce to avoid problems.
Unfortunately, these options aren’t always viable. This is especially true during high-stress times like separation and divorce.
The best thing you can do is get educated about how debt is handled during divorce so you don’t make mistakes.
Communication and Documentation Matter
It’s important to note that verbal agreements rarely protect either party. If one person agrees to take responsibility for a debt, documenting that agreement and working toward separating the account can reduce future disputes.
Never just ignore debt issues. They don’t go away unless you deal with them, and they can escalate into serious financial matters if you don’t face them head-on.
Why Legal Guidance Can Help
Joint debt decisions touch on both family and financial law issues. An experienced attorney can help you understand your options, evaluate how joint debt affects your situation, and develop a strategy that aligns with your goals.
Are you dealing with relationship changes, and debt has become an issue? The Law Offices of Robert M. Geller can help you explore practical solutions and understand how bankruptcy or other legal tools may fit into your next steps. Taking action early can help you regain control and move forward with greater financial clarity.
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