Legal Question in Family Law in Texas
filing bankruptcy after a divorce to avoid paying other party.
husband has large amounts of assets, (business and property) and is pressuring me to sign papers before I have--name removed--lawyer look them over, said if I do not sign them an do get--name removed--lawyer, when divorce is over
he will just file bankruptcy to avoid paying me, is this possible and how can I protect myself financually, I have been--name removed--house wife and had--name removed--job at the beginning but he made me quit like 10 years ago because it made him look bad to have--name removed--wife that worked. please let me know. Thanks
2 Answers from Attorneys
Re: filing bankruptcy after a divorce to avoid paying other party.
Generally if assets exceed debts, the court will award you half of the net community assets and bankruptcy would not be available to avoid that outcome. Consult competent legal help in your community immediately. You might be eligible for other types of relief or an even greater share of the assets.
Re: filing bankruptcy after a divorce to avoid paying other party.
I seriously suggest you hire an attorney. When they
tell you that if you hire a lawyer they won't pay you
anything, that often means they want you to accept
a lower offer than what you are entitled to. Obviously
I cannot say whether this is so for your situation,
but it happens often. If married 10 years, you may be
entitled to additional monies that you can't usually
obtain. I do not believe his bankruptcy plan is what he
intends. You are entitled to a just and right share
of the community property, and bankruptcy doesn't usually
affect that. If you need to obtain the name of an
attorney near you, email.
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