Legal Question in Family Law in Texas

Credit Card Debt in Divorce
I am in the process of getting a divorce, however papers have not yet been filed. We own a home together, and he wants to keep the house...but I don't want my credit ruined if he doesn't make payments. We also have quite a bit of credit card debt, but because he had bad credit, the cards are in my name. If he agrees to take all the debt, can that be done legally, so that I won't get slapped with the payments? How is the best way to make sure he doesn't go back on his word? We're trying to do this all as simply as possible. It seems we agree on everything, but I don't want to get burned. Any suggestions on the house and credit card situation would be much appreciated.

Asked on 9/21/04, 2:49 pm

Fran Brochstein Attorney & Mediator

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Re: Credit Card Debt in Divorce

If you entered into an contract with a third party the court cannot interfer with that contract.

Basically, the credit cards and you entered into a contract - they will loan you money and you will pay them back with interest.

If the cards are in your name only, then you are liable. If he does not pay, the credit card companies will look to you for payment.

Sorry! I know that this is not what you want to hear but I hear horror stories like yours everday.

Also, if your name is on the mortgage, it is a contract just like the credit cards.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

Answered on 9/21/04, 2:59 pm

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