Legal Question in Family Law in Texas
I was never legally married to my girlfriend of 29 years. We have 2 grown sons with families of their own. She left me 2 years ago and left me in debt with credit cards under my name (her name is additional cardholder) that she opened up without my permission (she paid all the bills). She filed for bankruptcy 7 years ago. The house and cars are all under my name. What rights do I have and how can I make her pay for these bills? Can I take the car back under my name? What type of lawyer can help me in my situation? She is also using my benefits for insurance because I am a retired fire marshall.
1 Answer from Attorneys
The bankruptcy cannot discharge debts she incurred after she filed.
If you never signed anything to permit her to sign as an addtional cardholder, or used the cards she signed, you should not be responsible for her debts. Your credit card company will not see things that way. You need to make sure that her cards are cancelled so she does not run up any more debt.
If you own the car, you can argue that it is yours.
However, she is likely to argue that you had a common-law marriage and that the car is community property.
You need a family law attorney with some experience in bankruptcy and debtor's rights.
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