Legal Question in Family Law in Texas
Division of debt if not outlined in divorce decree
My divorce became final in the last few weeks. The final decree does not say anything about our credit card debt (in both names) or the w/d and refrigerator we were "renting to own" from Conns (only in my name, though she signed the papers, at 23% interest). I have been paying both since we seperated and have continued to, though she has custody of the w/d and refrig. Can I return the appliances to Conns? If not can I replace them with comperable appliances? Also, is there any way, now that it is final, to split the card debt, as she will never pay if not required?
1 Answer from Attorneys
Re: Division of debt if not outlined in divorce decree
If the divorce is final, i.e. more than 30 days have passed since the judge signed the decree, in order to make the only appeal available, you would have to show that this evidence was not available at the time of the divorce. It might be able to submit a corrected decree if the debt was considered by the judge but not mentioned in the decree. I presume that if you do not make the payments that Conns will take steps to recover the property. At that time, she could assume the debt if she wishes. If she doesn't, you will be responsible to Conns for the entire amount. You should have take care of this matter at the time of the divorce or within the 30 day period. Now, you're swimming uphill to make any corrections.
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