What happens to Marital Debt in a Divorce?

In Texas, the division of property during a divorce is governed by community property laws. This means that any property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce, including debts.

Generally, any debts that were incurred during the marriage will be considered community debts and will be divided between the spouses as part of the divorce settlement. This could include credit card debt, mortgage debt, car loans, and other types of debt.

It's important to note that even if one spouse incurred the debt in their name alone, both spouses may still be responsible for it in a divorce. This is because Texas is a community property state, and debts incurred during the marriage are considered community debts regardless of which spouse's name is on the account.

In some cases, if one spouse has a separate property that can be used to pay off the community debt, the court may order that the separate property be used to pay off the debt before dividing the remaining community property.

Overall, the division of debt in a divorce in Texas can be a complex issue, and it's important to seek the advice of an experienced family law attorney to ensure that your rights and interests are protected. Please contact Deitchle + Simone for more information.