Legal Question in Credit and Debt Law in Texas

separating spouses credit obligations

Is there any way to separate my finances from my wife's, short of divorce? Credit and debt obligation is my concern.


Asked on 10/08/02, 9:15 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: separating spouses credit obligations

It's possible. First, you would need a post-nuptial agreement partitioning the community estate into both spouses separate property. Then you would need to get an agreement from lenders, in writing, that they were extending credit to the spouse ONLY, and that they were looking solely to the credit-worthiness of that spouse and that spouse's separate property and NOT the community estate.

However if one spouse cheats, and secures a credit card without the agreement from the lender, then it becomes a community debt and both spouses are jointly and severally liable for the debt.

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Answered on 10/09/02, 9:42 am


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