Legal Question in Family Law in Texas

Am I stuck with all the debt?

My husband and I have been living apart since September of 1999. We were married in 1996 and during that time I borrowed money from friends and family. I have been repaying this money with no help from him. He now wants to divorce and he says since his name is not on anything in regard to the loans that I am stuck with repaying them all by myself. We borrowed the money when we were still together and he benefited from the borrowed money. He also was in full agreement to borrow this money. Am I truly stuck with this debt or is hee responsible for his part?


Asked on 2/19/02, 8:42 pm

2 Answers from Attorneys
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Am I stuck with all the debt?

If the loan is only in your name, the creditor can only come after your separate property and your community property (that is where your husband is getting this). However, the debt is still a community debt and the court can order that he pay some or all of it as part of the division of the property. Of course, that assumes that you file for divorce and place the issue of property division before the court. I hope this helps.

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Answered on 2/20/02, 8:31 am
John Pfister, Jr. Pfister & Associates

Re: Am I stuck with all the debt?

All assets and liabilities incurred during the term of the marriage are community and thus divisable by the court, regardless of whose name it is in. In short, your husband can be ordered to pay some of those debts.

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Answered on 2/19/02, 10:18 pm


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