One question people often consider during a divorce is the division of debt between the two parties. While the state you live in is a key factor that impacts if you are liable for your ex-spouse’s debts, other factors affect your potential financial obligations.
Any debts the court decides to share between the two parties are partially your responsibility to pay. It is crucial to know the rules in your state to determine how your divorce proceedings may end and how to reach a favorable compromise.
Debt division laws
In Texas, any debt accrued during marriage works the same as assets. Debts are community property with even division during divorce proceedings, even if your name is not on the title. This is different from the debts and assets you obtained before marriage, which remain your sole responsibility after a divorce.
You may be able to make a reimbursement claim in certain situations; for example, if one spouse took out a loan under his name during the marriage without your knowledge, you may be able to receive a reimbursement for the money put toward that loan.
Debts you may divide
You may have to take part in paying several different types of debt. If you wonder if your debts may qualify, here are some examples:
- Mortgage costs
- Credit cards
- Personal loans
- Auto loans
- Student loans
Debts that your ex-spouse refuses to pay
If you and your ex-spouse have already had your debts divided, and the other party is not making payments, it may cause an issue for you. For example, if your ex-spouse needs to pay for a specific joint personal loan and does not pay it, it may negatively impact your credit score, and the creditor may reach out to you for payment.
In these instances, you may need to seek legal counsel and file a lawsuit against the other party to correct the issue. Receiving valuable information from an attorney may greatly help ensure that the court handles this type of situation fairly for you.