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What happens to debt is in a Texas divorce?

On Behalf of | Jun 17, 2020 | Divorce |

You look out the window to see your husband pulling into the driveway in a red 1965 Corvette convertible. If he had done this years ago, you might have had a different reaction, but right now, you are screaming mad. 

“I thought I would celebrate my new life as a free man,” he says. The problem is you are not yet divorced; your hearing is not until next week. Later that day, you mention the car to a friend over coffee. She tells you to contact your attorney fast because you might end up paying for it, or half of it.

In Texas, debt in a divorce falls under community law, which means you and your partner split your debts down the middle. So, the loan your spouse has taken for his new sports car becomes your loan, too. Thankfully, judges do retain the option to make exceptions to this law and redistribute some of the debt if they consider something unfair. 

When getting divorced, you need to look after your future finances, too. Aim to close any joint credit cards or bank accounts, so that what you each spend from now on does not affect the other person. If outstanding loans are divided between you by a court, consider refinancing them into separate ones. Aim to disentangle your credit score from that of your spouse.

Debts are just one of the many things to consider in a Texas divorce, which is why it is essential to seek legal representation.