Debt Division in Texas

Information from a Knowledgeable Houston 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, PLLC, their team of Houston 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.

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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 well-being.

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