Debt and Divorce: A Common Cause of Bankruptcy

Debt and Divorce: Navigating Financial Stress in Separation

Financial instability is a universal concern, affecting individuals from all walks of life. Numerous factors contribute to monetary woes, including unemployment, imprudent spending, and falling prey to scams. Interestingly, changing relationship statuses, such as breakups, separations, or divorces, are amongst the top causes of bankruptcy.

Divorce, in particular, is a challenging experience, both emotionally and financially. The impact of a relationship breakdown on an individual’s financial status can be long-lasting. This blog aims to shed light on the intricate connection between debt and divorce and answer some common queries associated with it.

Understanding Debt Accountability post-Divorce

A critical step in moving forward post-divorce is the mutual agreement between the partners to divide their assets and debts. The financial burden you’ve accumulated together might seem manageable with your combined incomes, but once separated, it could turn into an unbearable weight. A common question that arises is, “What am I accountable for?”

Signature Equals Responsibility

It’s a relief to know that being in a relationship doesn’t automatically make you liable for your partner’s debts. Debts that your partner brought into the relationship are not your responsibility. However, if you co-signed or guaranteed a debt, you are obligated to pay it off. If your signature is on it, you’re accountable for it.

Legal Advice is Crucial

During the course of a relationship, not only do assets build up, but so does debt. Navigating through this financial maze can be complex and requires professional guidance. Consulting a lawyer specializing in family matters can provide essential information and direction during this difficult process.

Review Joint Debt Agreements

Joint debts, especially secondary or supplementary credit cards, can be a potential pitfall. If you’re a cardholder, you’re likely to be held responsible for the debt post-separation. This holds true not just for the expenses you’ve incurred, but also for the ones made by your ex-partner. Therefore, it’s crucial to understand the terms and conditions of such agreements.

Joint Debt Management

Often, separation agreements and divorce decrees outline the repayment of joint debt. However, having an agreement doesn’t guarantee a smooth process. Here are a few important points to remember when managing joint debts:

 

Creditors Don’t Care About Your Agreement: Regardless of your agreement, creditors want their dues cleared. If your ex-partner fails to make the agreed-upon payments, creditors will turn to you for the money.

Removal of Name from Joint Debt is Tricky: While it’s possible to remove your name from a joint debt, it’s not easy. If your ex-spouse has agreed to take on a joint debt, they will need to apply to the creditor to assume the debt solely. If the creditor refuses, the debt remains a joint responsibility until it’s paid off.

 

Expert Advice! If you foresee the end of your relationship, consider applying for two separate loans in each name. Use these individual loans to clear off any joint debt. This way, you’re only responsible for your personal loan and won’t have to depend on your ex-partner for future debt payments.

Who Retains the Property?

A significant concern in the nexus of debt and divorce is the handling of the mortgage. When faced with separation or divorce, dealing with such a substantial debt can be daunting. Here’s what you should know about your property post-separation:

 

Renewing the Mortgage: If either partner can continue with the mortgage, it’s advisable to do so to protect your investment in the property. However, your newly single status might affect your eligibility when it’s time to renew the mortgage.

Foreclosure Threat: Certain debts, like mortgages, have to be cleared to prevent foreclosure. If these debts become unmanageable post-separation, secured creditors might initiate repossession proceedings. If the mortgage is insured by the Canada Mortgage and Housing Corporation (CMHC), they become the creditor post-foreclosure. Both parties will be responsible for any remaining mortgage debt.

Seek Help: If your mortgage becomes unaffordable due to separation, don’t hesitate to seek professional help. Filing for bankruptcy or a consumer proposal might be the best way to manage your financial stress. You don’t have to wait until the property is sold to seek help.

Reach Out to Us for a Free Consultation

Nobody enters a relationship expecting it to end in separation or divorce. However, people and circumstances evolve, and sometimes separation becomes inevitable. During these times of uncertainty, having access to reliable financial information can alleviate some of the stress.

If you’re experiencing financial troubles due to separation or divorce, consider consulting a financial professional to guide you through this challenging process. At John Doe & Associates, we specialize in debt management and strive to provide peace of mind concerning your finances. Contact us for a free consultation to explore your options.

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