Legal Question in Family Law in Texas
Division of Debts
If husband and wife incurred student loans before the marriage and also after the marriage, are they each liable for the repayment of their own student loans, or is petitioner liable for those debts?
1 Answer from Attorneys
Re: Division of Debts
As far as the creditors are concerned, the person who signed the note will be liable.
In a divorce situation, any debt incurred before the marriage are the separate debt of the person who incurred it. Debts incurred during the marriage are community debts.
In settlement discussions it is best to allocate the debt to the person who will be sued by the creditor if the liability is not paid. If wife's debt is allocated to husban and he fails to pay it, the creditor will sue wife. That situation upsets the entire foundation of the settlement agreement.
Texas marital property is complicated - you should hire a lawyer to assist you.
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