Legal Question in Family Law in Texas

divorce and debt

my husband and i have a lot of debt to the irs and credit cards. if we divorce will the debt be split in half or will creditors go after who ever they can?


Asked on 11/15/08, 4:47 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: divorce and debt

A judge cannot interfere with any 3rd party creditors. If you signed that you would be responsible for a credit card, then you have a legally binding contract that a family court judge cannot interfere with.

The IRS can do whatever they want. A Texas court cannot tell the IRS what to do.

You really need to sit down with a TX family law attorney and learn more about your rights.

I charge $150 an hour to do this.

Good luck!

Fran Brochstein

[email protected]

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Answered on 11/16/08, 2:12 am
Keith Engelke Law Office of S. Keith Engelke

Re: divorce and debt

The creditors will go after whoever they can.

However Texas does not have community debt. Generally, if you signed the application or used the card you are responsible. However if you did not apply for the credit card or use it, you are not responsible unless the credit was used to purchase "necessaries" (food, clothing, shelter, medicine)

If you divorce, the decree can allocate debt among the parties. However, this does not bind creditors.

S

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Answered on 11/17/08, 12:49 pm


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