What Happens to Debt in a Texas Divorce?
Divorce is a life-changing event that goes beyond the emotional aspect; it also involves complex financial decisions. In Texas, a community property state, marital debts are treated as joint responsibilities, making debt division an essential part of the divorce process. Understanding how community property laws affect debt division is crucial for safeguarding your financial future.
At Skillern Firm Divorce & Child Custody Lawyers, our experienced divorce attorneys are well-versed in Texas’ community property laws and can guide you through the challenges of debt division during divorce.
To ensure a fair and equitable division of debts, contact us today at (832) 688-6606
What Happens to Debt in Divorce?FAQs
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Both parties are typically held responsible for a joint debt in community property states like Texas. However, if your former spouse fails to honor their financial obligations post-divorce, it may negatively impact your credit score.
It’s important to seek legal advice if this occurs. An experienced attorney can guide you on the necessary legal steps, such as seeking court enforcement of the divorce decree to protect your financial interests.
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If you have a joint car loan, it’s considered a joint debt and is typically split between both parties during a divorce. One common solution is that the spouse who keeps the car will also take over the loan payments. However, if the loan isn’t refinanced under that spouse’s name alone, the lender could still hold both parties responsible if payments aren’t made.
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No, a divorce doesn’t automatically absolve you from responsibility for joint credit card debts. Your agreement with the credit card company remains valid until the debt is fully paid or the account is closed. If your ex-spouse is responsible for the debt per your divorce agreement but fails to pay, creditors can still hold you responsible, which may affect your credit score.
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To protect yourself from liability for your ex-spouse’s future debts after divorce, ensure that you close all joint accounts and open new ones in your own name. Furthermore, make sure the divorce decree clearly stipulates who is responsible for current debts. It’s also crucial to monitor your credit reports regularly to promptly detect discrepancies or unauthorized activities.
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Yes, credit card companies can pursue both parties for joint debts, irrespective of what your divorce decree states. Credit card companies are not parties to your divorce agreement; therefore, they can hold both individuals accountable for the debt. It’s crucial to close all joint accounts prior to the divorce finalization.
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In a community property state like Texas, if your former spouse files for bankruptcy after divorce, it can have implications for jointly held debts. Even if the divorce decree assigned responsibility for the debt to your ex-spouse, bankruptcy may discharge their obligation, potentially leaving you responsible for the full debt. In such a situation, it’s advisable to consult a bankruptcy attorney to understand the best course of action.
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Yes, even though Texas is a community property state, separate debts, which are debts incurred before marriage or after separation, are still considered during the divorce proceedings. Generally, separate debts are assigned to the spouse who initially incurred them. It’s essential to clearly identify and categorize these debts to ensure an equitable division.
Distinction Between Community Debt and Separate Debt
While most debts incurred during the marriage are considered community debts, some exceptions classify certain obligations as separate debts. These include debts that one spouse had before the marriage, debts related to separate property owned by one spouse, or liabilities arising after legal separation but before the divorce decree.
Types of Debt and How They’re Handled in Divorce
Common debts addressed in divorce include credit card debt, auto loans, mortgage debt, and student loans. All these debts, incurred during the marriage, are typically considered community debts, making both spouses equally responsible for them.
Joint Debts and Personal Debts
Joint debts, like joint credit card debt and auto loans, are split equally between spouses during divorce. Personal debts, on the other hand, can be more complex to address, requiring the assistance of an experienced divorce attorney.
The Special Case of Medical Bills
Medical bills incurred during the marriage are usually considered community debts. However, if they relate to children or significantly influence spousal support or asset division, they can become more complicated.
How Skillern Firm Divorce & Child Custody Lawyers Can Help
Navigating the complexities of debt division during a divorce can be a stressful and intricate process. That’s where the Skillern Firm Divorce & Child Custody Lawyers comes in. Our experienced attorneys can provide the necessary assistance, guidance, and representation to ensure your interests are adequately protected.
As part of our commitment to our clients, Skillern Firm Divorce & Child Custody Lawyers focuses on ensuring a fair division of debt in every divorce case we handle. We understand that the division of debt can significantly impact your financial stability post-divorce. Therefore, our team works diligently to safeguard your rights and strive for an equitable and just debt-division agreement. We also work to protect our clients from being unfairly burdened with their former spouse’s debts.
If you’re going through a divorce and are concerned about how debt will be divided, you don’t have to face it alone. Reach out to Skillern Firm Divorce & Child Custody Lawyers today. Our knowledgeable and experienced team can guide you through the process and help protect your financial interests.
Contact us now at (832) 688-6606 for a consultation.
