One of the most common questions in a divorce situation is, "How do I protect my assets and my credit rating in a divorce?" Here is a list of actions that you may wish to consider taking before filing for divorce:
Cancel all joint credit cards.
It is important to understand the difference between a community debt and an enforceable contract. Virtually all debts incurred during the marriage are community. Each spouse is obligated to pay half of the debt. However, a creditor can only enforce a debt against the person who originally signed the contract guaranteeing payment.
If a debt is in your name and the debt is not paid, it will negatively affect your credit and collection action can be initiated against you. It is very important that once you have made the decision that you want a divorce, that your spouse has no way to negatively affect your credit by continuing to accumulate debts in your name.
Cancel all lines of credit on your property.
Cancel all lines of credit, and any other open joint credit accounts between you and your spouse.
Close all joint bank accounts.
Close all joint bank accounts. Do not take the chance that your spouse will bounce checks after you separate which will then affect your credit rating. Divide all monies in the accounts evenly and open up a new bank account in your name only.
Redirect your direct deposits.
If any items are being directly deposited into your bank account, make sure thy have been redirected into your new, separate bank account.
Try to pay off all jointly-owed loans.
If you have the ability to do so, use any savings you might have to pay off all outstanding debts held in both your names.
Get legal advice.
Before you tell your spouse of your intention to divorce, obtain the legal advice of a competent California family law attorney. Learn your rights and responsibilities, and with the help of an experienced professional, you can obtain enough legal information to devise a divorce strategy.
