Money Matters
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Spouse Debt Questions

Hello! I am a newbie to this website. I've spent a good portion of time lurking theknot (Im currently engaged), and got curious about this site. And then I saw money matter, and WOW do you ladies know what you're talking about. I actually have some questions I hope you can help me with. Both my fiance and I are in the Army, stationed at Ft Sill as Drill Sergeants (blah). We are planning to get married in Feb (tiny, tiny wedding. really more of an elopement). Here's the thing: I have great credit (high 700s) and almost no debt (just 7000 I owe on my car). I was raised by very tight fisted parents who passed on their penny pinching ways to me. However, my fiance was not so lucky, and not only is he not so good with money, his ex basically trashed his finances. (I'm  talking reposessed car, multiple bills in collections, credit card debt, etc. All told, I think he probably owes around 50,000.) The divorce is not final yet (its dragged on for almost a year now), so while I'm hoping his ex will get her share of the debt, it may not happen. I guess my question is this- will his bad credit affect mine once were married? How bad will it be? What is the best way to fix his finances? (His paycheck comes to my account and I pay all of the bills, and he is content with me handing him cash every couple of weeks). Thanks for the advice!
(also- In case you were curious, I'm sure some of you were, she left him before he and I met.)

Re: Spouse Debt Questions

  • Your credit and his credit are separate.  Where it will affect you is if you try to go get a car loan or a house loan together.  If you try to put both names on the loan, you may find that they won't approve the loan at all or you'll get an awful interest rate.  So for things like that, it'll probably be better to be on the loan by yourself.

    Daisypath Anniversary tickers
  • In terms of your actual credit score, I believe you'll be fine. His debts won't attach to you that way. However, as a couple, you may need to come up with a plan to tackle that debt. I'd spend some time now researching the various debt repayment methods. Personally I'm a fan of paying higher-interest balances first, but if the Dave Ramsey method keeps you motivated, go for it!

    Another thing you can do now is look for things you can cut back on if you'll need help to make the payments (hopefully plus extra to speed the process). You could always post a budget here if you need help with that; I learn a lot from those types of posts!

    Even though you've taken over the money, I'd keep him in the conversation, have him help you budget, etc. I think it's important he learn from his mistakes so if you ever can't run the finances for awhile (maybe if you're deployed) he'll be able to keep things running. I control our money too, but have gotten H in board with the overall plan. I wouldn't add him to your CCs unless you know he's "changed" his spending habits and money knowledge.

    My H has seriously rehabbed his credit from 500s to 700s the last few years, so there is definitely hope! The biggest things to help him were time and consistently paying his credit cards (and other bills) on time. When we finally paid them off he jumped thirty points! Unfortunately there's no quick way to do it, but it does get better. It is possible that when you guys but a house it will have to be in your name only (and only your income will qualify for the mortgage calculations).

    Good luck and welcome!
  • Like PPs said, getting married doesn't mean your credit scores get combined.  However, it can cause issues when taking out a loan.  Banks look at income from the borrower... and if his credit is really low, that might just be you.  One the one hand, if you keep you money in joint accounts, that will be credited to your name when trying to take out a loan for downpayment & interest rate purposes. On the other hand, your H will have access to those joint accounts because they will be in his name too.  So there's a win and a lose to both scenarios.  And like PP mentioned only your income would count when the bank is figuring out what you could afford by way of a monthly payment.  Your H's name probably COULD still be on the deed to the house (title and loans are separate)... but I wouldn't do it if his name also wasn't on the mortgage.  He would end up with all the benefit and none of the burden from a legal standpoint.

    My best advice is to rent until his credit score goes up significantly and try to avoid taking out loans together until his debt is paid down.  It might be worth calling the credit bureaus (they are equifax, experian, and transunion) to see if any of her cards or debt is appearing on his credit report.  Being an authorized user on a credit card, for instance, does make that card appear on your credit report... but only the primary card holder is legally responsible for that debt.  So if they have already separated financially and he was an authorized user on her cards, he may be able to get anything that is legally her debt off his report now.  It's certainly worth the time it would take to call and ask.

    Also, it goes without saying that his debt needs to be a high priority at the start of your marriage.  Some people believe that debt and income should always remain separate... and while that can be true in theory, practically your life will be affected by this as much as his.  If a lot of his income is going toward debt, that's a lot less income going toward a general standard of living that you can both share.  So I would approach this as a joint problem and take care of it in the most efficient way possible.

    Finally, be careful with this.  It's good your H is out of that relationship, but for whatever reason it ballooned out of control before he did manage to get out.  Even if his ex was the instigator, he may have been too passive with how he dealt with the situation.  I know that if my H took out credit under my SSN without asking or if he lied about making payments on bills, etc. I would drain the accounts and divorce him so fast his head would spin.  And he would do precisely the same thing to me if the situation were reversed.  My point is you need to watch your H and make sure he's not being too passive in addressing this problem.  And if there are behaviors that indicate the problem might persist, address them before it gets worse.

    Good luck - and welcome to the board.  I think it's much more productive and relevant than 90% of the boards on TK.  And we won't bite your head off if you ask about who pays for the wedding :)
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  • I am in the same situation as you when I got married, his ex helped distroy his credit. It hasn't hurt mine except when we did try to apply for a few things together, we ended up getting better rates when we changed a few things to my name only. I take care of the bills too. I ordered his credit report, went through things and contacted companies to verify balances owed and started setting up payment plans with a few of the companies so that the collection calls would stop. It's taking time, but his credit is getting better. With paying things off, we have been able to increase his credit score by 100 points in a little over a year. I don't expect to get everything resolved fast, but if all keeps going well by time we hit our five year anniversary, we will have all the debts paid off and have some nice money in the bank.

  • Why have you set a date when his divorce isn't final? What will you do if it drags on another few months? Pretty sure that's a possibility. Call me old-fashioned, but I wouldn't be engaged to someone who was still legally bound to someone else.
  • What has HE done to become better about handling money?  I would not get married until he has shown some "maturity" with his financial decisions and handling of debt.
    HE needs to be involved in your joint finances - all aspects (setting goals, establishing a budget - tracking spending and paying bills- and not just hand them over to you

    I recommend he reads Total Money Makeover by Dave Ramsey - for getting out of debt
    and for both of you to read and share - Smart Couples Finish Rich by David Bach -- great for understanding each other's relationship with money, values, goals and establishing a financial plan that works for you BOTH.

    Take your time.  He is barely out of his marriage.  Give it another year. Get on the same page financially and get proof that he can be a good financial partner in life.
  • When I married DH he had $50,000 in debt too, but he had excellent credit. We spent the first 18 months of our marriage paying it off. We made about the same amount so We lived off one salary and used the other for debt payment. DH is quite possibly the smartest person I know, he just sucks with money. Like paying for grad school with a credit card. That being said, I wouldn't pay any of his debts with your money until your are married. And I wouldn't set a date until the divorce is final.
  • DucktaleDucktale member
    100 Comments 25 Love Its First Anniversary Name Dropper
    edited November 2013

    I just wanted to add some personal experience, this varies from state to state, though MOST states, spouses do not inherit each other's credit, some do. When we lived in Wisconsin, my student loan debt and credit card appeared on DH's credit report and affected his credit score, but his did not show up on mine. We actually received a letter shortly after we married telling us this would be happening. Turns out Wisconsin is one of like, 5-10 states that are "Marital Property States" in which credit/debt is combined.

  • While his credit isn't going to affect your credit, if he has judgements against him and you have a joint bank account, creditors can get at your shared money.  Even if it's your earnings in the account, but you add his name to it, they can go after it.
  • While his credit isn't going to affect your credit, if he has judgements against him and you have a joint bank account, creditors can get at your shared money.  Even if it's your earnings in the account, but you add his name to it, they can go after it.

    Absolutely this! It is called wage garnishment. Here's what happens...

    Your FH owes the companies. The companies want to be paid (and they deserve to be paid). They go to the court system and get legal ability to garnishment your FH's wages as soon as the funds enter his bank account. As it is court-ordered, the bank MUST legally allow this to happen to the bank account. If you are joint on a bank account with your FH, the wage garnishment applies to whatever funds are in the account, even if they came from your direct deposited paychecks. Until you are more certain of the state of your FH's finances and financial condition with this divorce, I would remain on separate bank accounts. Do not put any of your money into accounts with his name at the bank. Also, isn't it illegal to be married to two people? I mean, doesn't a divorce have to be legally finalized before one person can marry someone else? I echo PPs...wait until your FH is totally separated with no strings to this woman before you enter into a marriage with him.


     

  • emily1004emily1004 member
    Eighth Anniversary 500 Comments 100 Love Its Name Dropper
    edited November 2013
    While his credit isn't going to affect your credit, if he has judgements against him and you have a joint bank account, creditors can get at your shared money.  Even if it's your earnings in the account, but you add his name to it, they can go after it.

    Absolutely this! It is called wage garnishment. Here's what happens...

    Your FH owes the companies. The companies want to be paid (and they deserve to be paid). They go to the court system and get legal ability to garnishment your FH's wages as soon as the funds enter his bank account. As it is court-ordered, the bank MUST legally allow this to happen to the bank account. If you are joint on a bank account with your FH, the wage garnishment applies to whatever funds are in the account, even if they came from your direct deposited paychecks. Until you are more certain of the state of your FH's finances and financial condition with this divorce, I would remain on separate bank accounts. Do not put any of your money into accounts with his name at the bank. Also, isn't it illegal to be married to two people? I mean, doesn't a divorce have to be legally finalized before one person can marry someone else? I echo PPs...wait until your FH is totally separated with no strings to this woman before you enter into a marriage with him.


     

    That's not wage garnishment. Wage Garnishment is when they take directly from your paycheck. They will not be able to garnish OP's wages. They can garnish her H's wages and I believe in Oklahoma they can only take 25%. However they can garnish your joint bank account and depending on the laws in your state, they may be able to take the whole balance. (This is not wage garnishment, don't get the two confused). If he gets a court order, DON'T IGNORE IT!. Go to court. They are more willing to work with him when he shows up. Otherwise the judge will issue a default judgement. 

    (edit: I see OP said F not H, but the same holds true.)
  • Does having a joint account with a man who isn't yet divorced mean that his STBX can come after your assets (at least those in that account) in the divorce?  
  • Does having a joint account with a man who isn't yet divorced mean that his STBX can come after your assets (at least those in that account) in the divorce?  
    Presumably, yes.  Though a judge might modify it if you can show the man didn't contribute to that account, and he only has access to it.  OP won't be able to get a marriage license until the divorce is finalized.  And I hope (I really hope) she's smart enough not to combine until she's married.  A (empty) joint account for wedding checks is one thing... but combining everything else is just better left until after the wedding chaos is over.
    Wedding Countdown Ticker
  • emily1004 said:
    While his credit isn't going to affect your credit, if he has judgements against him and you have a joint bank account, creditors can get at your shared money.  Even if it's your earnings in the account, but you add his name to it, they can go after it.

    Absolutely this! It is called wage garnishment. Here's what happens...

    Your FH owes the companies. The companies want to be paid (and they deserve to be paid). They go to the court system and get legal ability to garnishment your FH's wages as soon as the funds enter his bank account. As it is court-ordered, the bank MUST legally allow this to happen to the bank account. If you are joint on a bank account with your FH, the wage garnishment applies to whatever funds are in the account, even if they came from your direct deposited paychecks. Until you are more certain of the state of your FH's finances and financial condition with this divorce, I would remain on separate bank accounts. Do not put any of your money into accounts with his name at the bank. Also, isn't it illegal to be married to two people? I mean, doesn't a divorce have to be legally finalized before one person can marry someone else? I echo PPs...wait until your FH is totally separated with no strings to this woman before you enter into a marriage with him.


     

    That's not wage garnishment. Wage Garnishment is when they take directly from your paycheck. They will not be able to garnish OP's wages. They can garnish her H's wages and I believe in Oklahoma they can only take 25%. However they can garnish your joint bank account and depending on the laws in your state, they may be able to take the whole balance. (This is not wage garnishment, don't get the two confused). If he gets a court order, DON'T IGNORE IT!. Go to court. They are more willing to work with him when he shows up. Otherwise the judge will issue a default judgement. 

    (edit: I see OP said F not H, but the same holds true.)

    If they (the companies owed) can take out of a joint account to collect (beyond wages as you mentioned) on the debts and OP's wages have been deposited into that account, than yes, INDIRECTLY they can garnish her wages. Also, pretty much everybody has direct deposit, so while they garnish the FH's wages, which would be hitting that account via direct deposit, they would be affecting her account if she had used FH's paycheck to pay bills but the pay got pulled out via the garnishment and she then overdrew her account. If that happened, and she had resulting overdraft fees she would be responsible for those fees.
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