Thursday, January 9, 2014

Divorce and separation: a potential mortgage and credit nightmare for women

Hey everyone. Hope everyone's week is off to a good start. Very cool yet sunny in Montreal. This week I've been inspired to speak about women, more specifically women that go through divorce or get taken advantage of by their spouse or partner. 

In 2013, I worked on a number of divorce and separation cases. In many of those cases either the women wanted to keep the family home or took their share of the profits and bought a new home for themselves (and often the children). I highly suggest any woman in a relationship or marriage to build independent credit of their partner. I am not paranoid and yes I still believe in the institution of marriage, however should anything happen or should you experience divorce it's always important to have credit. You might not be able to keep the house or your lender options may be very limited. When in doubt ask and plan ahead. 

Example 1: Divorced with joint credit 
I have one client that has three kids, works part time and she wanted to refinance to buy her x-husband out in order to keep the house. I found an excellent mortgage program but I had to get an exception from the lender because post-divorce she was removed from all the joint debts. Luckily she had just the minimum independent credit history to qualify for this program. Quite the close call!

Example 2: Common Law & Helping the Wrong Person
A more tragic and heartbreaking situation is when someone is in a common law relationship and helping the wrong person. In this case my client was taken advantage of by her partner. My client was committed to her partner and wanted to help him with his debts and give him a cash infusion for his business. Before she knew it he took the money and left. My client's credit cards were at limit and with a salaried job she was stuck paying. Over time she got more and more behind. By the time she sold the house and paid off all debts the credit damage was already done. Presently, I started to build a case for Equifax to see if the severe lates can be removed off her report. Presently she is trying to re-start her life with her daughter by buying a new home together. With the severity of lates all "A banks and lenders" won't be able to finance an insured purchase (she does not have enough down payment to work with an alternative or B lender). I will keep everyone updated on this story.


Both examples are sad to hear but unfortunately more and more common. In example 1, my client should have created her own independent credit years ago. I recommended that she create more credit today to have the necessary credit history tomorrow. In Example 2, I wish I met her years ago just as she was starting to become late on her debts. Many consumers don’t know what to do in that situation or as they become late they go see their bank and their own bank refuses or cannot help. With the emotional drain of separation or being taken advantage of it’s hard to know what to do.

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