Discrimination
Against Women
Both
men and women are protected from discrimination based
on
gender or marital status. But many of the law's provisions
were
designed to stop particular abuses that generally made if
difficult
for women to get credit. For example, the idea that
single
women ignore their debts when they marry, or that a
woman's
income "doesn't count" because she'll leave work to
have
children, now is unlawful in credit transactions.
The
general rule is that you may not be denied credit just
because
you are a woman, or just because you are married,
single,
widowed, divorced, or separated. Here are some
important
protections:
Gender
and Marital Status. Usually, creditors may not ask
your
gender on an application form (one exception is on a loan
to
buy or build a home).
You
do not have to use Miss, Mrs., or Ms. with your name
on
a credit application. But, in some cases, a creditor may ask
whether
you are married, unmarried, or separated (unmarried
includes
single, divorced, and widowed).
Child-bearing
Plans. Creditors may not ask about your
birth
control practices or whether you plan to have children,
and
they may not assume anything about those plans.
Income
and Alimony. The creditor must count all of your
income,
even income from part-time employment.
Child
support and alimony payments are a primary source of
income
for many women. You don't have to disclose these kinds
of
income, but if you do creditors must count them.
Telephones.
Creditors may not consider whether you have a
telephone
listing in your name because this would discriminate
against
many married women. (You may be asked if there's a
telephone
in your home.)
A
creditor may consider whether income is steady and
reliable,
so be prepared to show that you can count on
uninterrupted
income--particularly if the source is alimony
payments
or part-time wages.
Your
Own Accounts. Many married women used to be turned
down
when they asked for credit in their own name. Or, a
husband
had to cosign an account--agree to pay if the wife
didn't--even
when a woman's own income could easily repay the
loan.
Single women couldn't get loans because they were thought
to
be somehow less reliable than other applicants. You now have
a
fight to your own credit, based on your own credit records
and
earnings. Your own credit means a separate account or loan
in
your own name--not a joint account with your husband or a
duplicate
card on his account. Here are the rules:
--
Creditors may not refuse to open an account just because
of
your gender or marital status.
--
You can choose to use your first name and maiden name
(Mary
Smith); your first name and husband's last name
(Mary
Jones); or a combined last name (Mary Smith-Jones).
--
If you're creditworthy, a creditor may not ask your
husband
to cosign your account, with certain exceptions
when
property rights are involved.
--
Creditors may not ask for information about your husband
or
ex-husband when you apply for your own credit based on
your
own income--unless that income is alimony, child
support,
or separate maintenance payments from your spouse
or
former spouse.
This
last rule, of course, does not apply if your husband
is
going to use your account or be responsible for paying your
debts
on the account, or if you live in a community property
state.
(Community property states are: Arizona, California,
Idaho,
Louisiana, Nevada, New Mexico, Texas, Washington and
Wisconsin.)
Change
in Marital Status. Married women have sometimes
faced
severe hardships when cut off from credit after their
husbands
died. Single women have had accounts closed when they
married,
and married women have had accounts closed after a
divorce.
The law says that creditors may not make you reapply
for
credit just because you marry or become widowed or
divorced.
Nor may they close your account or change the terms
of
your account on these grounds. There must be some sign that
your
creditworthiness has changed. For example, creditors may
ask
you to reapply if you relied on your ex-husband's income to
get
credit in the first place.
Setting
up your own account protects you by giving you
your
own history of how you handle debt, to rely on if your
financial
situation changes because you are widowed or
divorced.
If you're getting married and plan to take your
husband's
surname, write to your creditors and tell them if you
want
to keep a separate account.
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