Legal Question in Credit and Debt Law in Texas

Debts by Ex-Wife

In 2002 my ex wife and I separated. I received final divorce papers in Feb 2005. I am disabled and awaiting SSI to resolve my judgement for payment to hospital and medical for expenses incurred. Since the divorce I have relocated to Arkansas to be with a wonderful lady. We recently opened a joint checking account(the money is solely hers)in Arkansas. My name is on account for purpose of deposit of pending disability check. In the past month I began receiving past due account notices from debt collectors on accounts generated by my ex wife. Can our checking account in Arkansas be in jeopardy from these creditors? Do I need to file bankruptcy to stop these calls and letters? If I do file will I have to close this checking account in Ark? Could I be held responsible for these debts even after being separated since 2002 which is stated in the divorce decree?


Asked on 5/19/05, 3:06 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Debts by Ex-Wife

Unless you contacted all creditors, after separation but before divorce, that you will not be responsible for your wife's debts, all the debts are community property. The only debts that don't count are those she may incur after divorce.

The fact that you and she may have agreed to parcel up the debts has no bearing on the creditors because they were not part of your divorce proceedings. Both of you are liable on her pre-divorce debts, and your new girlfriend's account is at risk because it has your name on it.

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Answered on 5/20/05, 5:59 am


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