How Is Debt Divided In Texas In A Divorce?

Mark Scroggins  0:06
Hey folks, Mark Scroggins with Scroggins Law Group back here to answer a bunch of q&a that we get from a lot of people aside from just in the reclamation transformation. So one thing here comes to disclaimer, anything that I answer in response to these questions, because it’s not create an attorney client relationship between me and anybody out there, or SLG, collectively, that’s Scroggins Law Group, and anybody out there either these are merely being answers to questions that are things you need to know, before you go in and talk to a lawyer about whatever family law issue you have.

Okay, so with that, let’s get started on our questions today. Number one, how is debt divided in Texas in a divorce? Well, typically, the debt is going to follow the person who incurred it. And here’s the reason why. Because let’s say that I’ve got a credit card, that credit card is just in my name. Let’s say I get divorced from my wife and the debt is awarded to my wife. Well, what happens if she doesn’t pay it? Okay, is the credit card company going after her? No, they’re not they’re coming after me. Why? Because she does not have what is called contractual privity. With the credit card company only I do. So generally, the court is going to award that credit card debt or any other debt to the person who incurred it. They’re going to find assets or a judgment even possibly, to make up for that difference. So there’s always a balancing act that is gonna go on okay.