A Divorce in Texas deals with three primary areas of two persons lives:
- Dissolving the marriage relationship
- determining conservatorship/possession/access for children (if any) and
- dividing the property/debts of the spouses.
All of these issues can have lasting effects for a person but perhaps none more so than the dividing up of marital debts.
Creditors are not bound by the Divorce Decree
For starters, while spouses can agree to how their debts are divided creditors are typically not bound by the terms of a Divorce Decree. For example, if the credit of both spouses is utilized to secure a home loan then the creditor will have the right to pursue either spouse whose name appears on the application for the loan for failure to make payments on the underlying note. This can be true even if the parties to a divorce agree to one spouse taking control of that debt.
It is pretty easy to foresee a situation where because the spouse who becomes responsible for the debt fails to make timely payments both former spouses are in line to have their credit negatively effected due to these missed payments. Creditors can go to such extremes as garnishing wages, assigning liens against other property of both spouses or other methods to enforce the payment of their debt.
As far as remedies available to the former spouse who is no longer "responsible" for the debt, a contempt or enforcement action may be sought in court. However, this does little to give any remedy to the above scenario where a fast acting creditor takes action against you in the financial world.
An experienced family law attorney, such as those with the Law Office of Bryan Fagan, can assist in allocating marital debts in a manner that best suits their client. For example, assigning debts to the party whose name they are in can help avoid potential issues for the non-debt incurring spouse in the future. In regard to a home loan, it is possible to have one spouse refinance the loan while absolving the other from future responsibility for payments.
The attorneys at the Law Office of Bryan Fagan are equipped and eager to advocate for persons who are concerned about marital debt in their pending divorce. Consultations for family law matters are always free, and are always with an attorney licensed to practice in Texas.
LAW OFFICE OF BRYAN FAGAN | SPRING, TEXAS DIVORCE LAWYERS
If you have questions regarding divorce, it's important to speak with a Spring, TX divorce lawyers right away to protect your rights. Our Spring divorce lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan handles Divorce cases in Spring, TX, Spring, Cypress, Klein, Humble, Tomball, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers, Galveston, Brazoria, Fort Bend County and Waller County.