Legal Question in Family Law in Texas

is it possible to stay married and not be responsible for spouse debt in the future if your spouse agees to those terms?


Asked on 9/20/11, 8:28 pm

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Yes, it is possible, though it's not a particularly simple process. Texas law provides for the possibility of something called a partition and exchange agreement, which basically changes by agreement the usual statutory definition of what's community property and what's separate property in whatever way the spouses wish.

It has to be very specific, be completely in writing, be signed by both parties, and both parties at least have to have the opportunity to have full financial disclosure from the other spouse and have the opportunity to consult with independent counsel. There must also not be any question that the agreement is being signed pursuant to any kind of duress (don't try "I'm gonna take the kids and file for divorce tomorrow unless you sign this RIGHT NOW!"), and it will not affect any debts incurred prior to the signing of the agreement. Actually, it won't even affect future creditors unless and until it gets filed with the county clerk along with the deed records (which provides notice to potential creditors). In other words, it certainly can be done, but it's complex enough that it really does need to be done by at least one and preferably two family attorneys (one attorney cannot represent both spouses).

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Answered on 9/20/11, 8:48 pm


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