Debt Division in Texas
Information from a Knowledgeable Spring Divorce Lawyer
When a couple submits to the divorce process in Texas, their shared marital
assets will be assessed for division. What a lot of people don't realize
is that their debts could be divided, as well. Any debt that is incurred
over the course of the marriage will be reviewed for possible division
in the divorce process and, in some cases, will be distributed between
the two spouses.
If you are facing the divorce process and know that you will be dealing
with significant debts, it is crucial that you have knowledgeable and
experienced counsel by your side. At the
Law Office of Bryan Fagan, their team of Spring divorce attorneys know how crucial it is to fairly
and favorably arrive at a debt division agreement and what it takes to
protect their clients throughout every stage of this process.
It is possible to face your divorce with confidence. Contact the firm today
to start exploring your legal options.
How Debt Is Divided in Texas
Unlike other states, Texas does not automatically divide all debts incurred
over the course of a marriage between the two spouses in a divorce. Instead,
the courts will assess the circumstances of an individual debt and, if
it finds that only the borrowing spouse is responsible for the debt (or
the creditor lent the money based on solely the one spouse's assets)
the debt will remain assigned to that one spouse. In other words, marriage
does not automatically create joint liability when debt is incurred.
There are, however, some cases in which debts will be considered shared:
- When one spouse acts as an agent of the other spouse
- When the money is used to purchase basic necessities
Generally speaking, food, shelter, medical care, and clothing are considered
necessities, but there are some gray areas here that may need to be asserted
before the judge. If you have further questions or concerns about how
your community debt might be assessed during your divorce, then it is
time to speak with an attorney who is ready to protect your financial
Free consultations are available. Use this
online form to request one today.