Asked 9/6/2011
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I'm filing Chpt 7, will my ex-husband's credit be affected if I sign a reaffirmation agreement with my lender? I was divorced 2 years ago. I am currently filing Chapter 7 bankruptcy in Wa. state and the house became mine upon our divorce, however, my ex-husband is still currently on the home loan. I am KEEPING my house and continue to make payments so no discharge will be made on the house only my credit cards. Will any of these proceedings affect my ex-husbands credit score?
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Answer 1/3 - Submitted 9/6/2011
By rights none of this should affect his credit score. The trouble is that the credit rating services are too mechanical, and almost impossible to communicate with.
If logic prevails, nothing will happen to his credit. However, the safest thing would be to remove him immediately from the mortgage, as long as that won't cause trouble for you. Would it be possible for you to refinance the mortgage at a more favorable rate anyway, under one of the government programs encouraging lenders to refinance so as to lower homeowners' payments and help avoid foreclosure?
That way you could get him off the mortgage and help yourself financially at the same time.
Even then, however, credit rating could pick up the fact that your husband co-signed with someone who filed bankruptcy. If they do, it's still unjust and illogical for them to reduce his credit score.
I've learned that if this should happen, the only way to rectify it would be if the lender, not he, sent registered mail to the credit bureaus demanding, not just asking, that your ex husband's credit score be restored, and your bankruptcy have no effect on him. Usually repeat letters and a threat of legal action is necessary before they'll take action to set matters straight.
On a more philosophical level, a lower credit score may be a blessing for all of us because it keeps us from overextending ourselves financially.
Answer 2/3 - Submitted 9/6/2011
It shouldn't affect his credit score unless you file for bankruptcy during your divorce. If your divorce is already finalized, it shouldn't have an effect, because all of the marital debt should have been long since split properly.
My ex filed for Chapter 7 bankruptcy during our divorce, effectively giving me literally all of our marital debt. I'm still trying to fix my credit score almost 6 years later. He also got the house and the kids, but claims to have lost everything. I'm still trying to figure out what he lost besides me.
Answer 3/3 - Submitted 9/6/2011
Since your already divorced it shouldn't effect his credit score. If any of the debts you were supposed to pay in the divorce were made while you were still married they may try and go after him to pay the debt though. That's why we decided to file bankruptcy together before the divorce, he wanted to stick me with half of the bills he ran up- well that doesn't work if one of the people file bankruptcy. Good luck!
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