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ABA Family Legal Guide

Consumer Credit

Applying for Credit

The Equal Credit Opportunity Act

May married people open credit accounts that are not also in their spouses' names?

Married people may open credit accounts that are not also in their spouses' names. People do not have to open joint accounts or take out loans with their spouses. Moreover, even if you have a joint account with your spouse, when a creditor sends information about your account to a credit bureau, it must report the information in each of your names, so you will not lose your separate identity for credit purposes. The credit bureau will maintain a separate file on you, so that a creditor may be able to access your personal credit history and rely on it when making a credit decision. Under the law, a credit grantor may not do the following:

  • Refuse to open a separate credit account just because of your gender or marital status.
  • Require your spouse to co-sign your account, unless you live in a community property state where spouses are liable for each other's debts.
  • Ask about your spouse or ex-spouse when you apply for credit based on your own income. However, a credit grantor may seek this information if a community property state is involved or if you are relying in part on your income from alimony, child support, or maintenance payments from your ex-spouse for the purpose of obtaining credit.
    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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