Debt Division in a Texas Divorce: What You Need to Know

20 Sep Debt Division in a Texas Divorce: What You Need to Know

Divorce involves the intricate process of dividing not only assets but also debts acquired during the marriage. While assets like property and savings are often the focus, the division of debts is equally significant. In Texas, the principle of community property guides how debts are handled during divorce. At Navarrette | Bowen, P.C., we are committed to guiding our clients through the complexities of debt division to ensure a fair and equitable outcome.

Community Property and Debts:

Texas is a community property state, which means that assets and debts accumulated during the marriage are generally considered community property, belonging equally to both spouses. This principle applies to both assets and debts acquired during the marriage.

Types of Debts:

Debts in a marriage can encompass a range of financial obligations, including:

1. Credit Card Debt: This includes debts on credit cards that were used for joint expenses or purchases during the marriage.
2. Mortgages and Loans: If both spouses are co-signers on a mortgage or loan, the debt may need to be divided or allocated between them.
3. Medical Bills: Medical expenses incurred during the marriage are considered community debts.
4. Student Loans: Student loans taken out during the marriage are also subject to division.

Debt Division Process:

1. Identifying Debts: The first step is to create a comprehensive list of all debts, including details about when the debt was incurred and the purpose of the debt.
2. Determining Community Debt: Texas law requires determining whether the debt was acquired for community purposes, such as family expenses, or for separate purposes.
3. Equitable Division: While community property suggests a 50-50 split, equitable division does not always mean equal. Factors like earning capacity, financial contribution, and need are considered.
4. Marital Settlement Agreement: Spouses can negotiate a debt division agreement outside of court. This agreement, along with other divorce terms, is documented in the marital settlement agreement.
5. Court Intervention: If spouses cannot reach an agreement, the court may step in to decide the debt division based on factors outlined in Texas law.

Protecting Your Financial Future:

Debt division has a long-lasting impact on your financial stability post-divorce. It is crucial to approach this process strategically to ensure that you are burdened with more than your fair share of debts. Consulting an experienced family law attorney is essential to navigating this complex aspect of divorce.

At Navarrette | Bowen, P.C., we understand the intricacies of debt division and the impact it can have on your financial well-being. Our dedicated legal team is here to guide you through the process, advocating for a fair distribution of debts in accordance with Texas law. As you embark on this new chapter, our goal is to secure your financial future and provide you with the peace of mind you deserve.