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Thou Shalt Separate Thy Finances

Posted by Amanda Lockhart on Thu, 01/17/2008 - 1:00pm

There's one thing about divorce that never ceases to amaze me. There are always legal and financial complications — even when there are official documents drawn up specifically to prevent that. I was reminded of this when I read a recent piece by a financial advice columnist with a suburban Chicago newspaper.

A man wrote in asking what to do about his ex-wife, who had one year to decide whether to sell their house or stay in it,refinance it, and take him off the title. Well, it turns out she's missed a couple of payments and now the mortgage company is coming after him for the cash. As far as the mortgage company is concerned, the guy and his ex-wife both are still on the hook. It makes no difference what the divorce paperwork says. And that's a crucial lesson for anyone who's in a similar situation.

Now, it's true that this guy has the law on his side to the extent that the judge in their divorce case is going to make the woman pay eventually. Or she'll be forced to sell. But in the interim, the best thing this guy can do is pay the mortgage company and then recoup the money from his ex-wife in court. Of course, making those payments is probably easier said than done. And therein lies the problem. You don't want to be stuck in that situation. With his name still on the title, he's not going to be able to get another loan, and those missed payments are going to start to impact his credit rating if he's not careful. Never mind the fact that he's probably got his own rent to worry about — now he's got to find cash to make those mortgage payments too.

The moral of the story is — as we've written here numerous times — you HAVE to get your finances separated when you split up. Taking care of your physical and emotional well-being after a divorce are top priorities, but your financial well-being should be right up there too. Close joint accounts. Make sure your ex can't run up charges on a credit card that still has your name on it. And with the big items like homes and cars, you need to get to a lawyer and get things spelled out. The sooner you can get your name off the title, the better. Why this guy agreed to give his wife a year to live in the house with his name still on the mortgage is beyond me. Way too long, my friend.

Be smart and don't get stuck where this guy is.

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