Handling Marital Debt in a Texas Divorce

When divorcing in Texas, couples face three main issues: ending the marriage; deciding child custody, visitation, and access (if children are involved); and splitting marital assets and debts. Out of these, dividing marital debts can significantly impact both parties. Marital debt in divorce can be complicated without expert help. 

Creditors Aren’t Bound by Divorce Decrees

Remember that creditors aren’t restricted by divorce decrees. For example, when both spouses have used their credit for a home loan, creditors may pursue either spouse for missed payments. This pursuit can occur regardless of the debt assignment in the divorce decree.

This situation can lead to both ex-spouses suffering credit damage if the responsible party fails to make payments. As a result, creditors might resort to measures like wage garnishment or placing liens on other properties to recover their debts.

If an ex-spouse neglects their debt responsibility, the other party can seek legal action like a contempt or enforcement suit. But this doesn’t immediately resolve issues like aggressive creditor actions.

How Family Law Attorneys Can Help

Family law attorneys, like those at the Law Office of Bryan Fagan, PLLC, strategize debt allocation to protect their clients. They might assign debts to the spouse they originally belong to, minimizing future risks for the other party. In cases like home loans, they can arrange for one spouse to refinance, freeing the other from further obligations.

The Law Office of Bryan Fagan, PLLC specializes in handling marital debt concerns in divorce cases. Offering free consultations, their licensed Texas attorneys are ready to advocate for those worried about marital debt in their divorce.


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  1. How credit cards and debts are handled in a Texas Divorce
  2. Know How Property and Debts are Divided, When Preparing for Your Texas Divorce
  3. What Happens to Marital Debt During a Texas Divorce?
  4. Dividing Property in a Texas Divorce – The Just and Right Division
  5. Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
  6. What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
  7. Texas Divorce Property Division Enforcement
  8. Separate Property in a Texas Divorce?
  9. Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
  10. First comes divorce and then comes bankruptcy: What to expect when one follows the other


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