Houston Divorce and Debt Division Information

Provided by a Houston Divorce Attorney

Photo of Debts File FolderAt John K. Grubb & Associates, P.C., we understand the difficulty and complexity associated with dividing up your marital property and marital debts. As members of a well-respected Houston divorce law firm, our attorneys are experienced in Houston property division and we use our experience to make this process as painless as possible, so that you can focus on recovering emotionally from your divorce.

Upon Divorce, All Community Debts are Divided Between the Spouses

Upon divorce, the court divides community debts and assigns certain debts (or a certain percentage of each debt) to each of the spouses. However, this does not completely absolve you of all liability for your community debts. Even if certain debts are assigned to your spouse to repay, if your spouse defaults and a creditor contacts you, that creditor is entitled to receive payment from you.

While this may not seem fair, this rule is to protect all creditors who were not parties to a divorce. Because the creditor opened the credit account in the name of both spouses and depended upon the resources, assets and income of both spouses to repay the loan amount, that creditor is entitled to take any necessary collective action against either spouse.

While you cannot avoid liability by filing a motion to enforce the divorce, you can be compensated for any payments you make. If you are forced to make payment on a debt that the divorce decree assigned to your spouse, you may file an action for breach of contract against your spouse to recover the amount you paid. After all, the divorce decree is considered a binding contract under Texas law.

Because the Division of Debts can be a Complicated Process, It Is Important that You are Represented by an Experienced and Competent Houston Divorce Attorney

If you are currently undergoing a divorce that involves the division of community property or debts, you should retain the assistance of a qualified Houston family attorney. An attorney can help explain the complex laws surrounding the division of community debt and represent you in an effective manner that provides you with a fair divorce decree. Contact an experienced Houston divorce attorney at John K. Grubb & Associates, P.C., today to discuss the situation you are currently facing.